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SHE DIED IN FLOIRDA 7 YEARS AGO . DO I HAVE A LEGAL RIGHT TO THE ASSETS OR NO?
answered on Jun 19, 2017
You need to probate your grandmother's will. Power of Attorney dies at person's death it's no longer valid.
KAL BUSINESS CLASS LOUNGE
It wasn't in probate yet or anything and it was my legal residence she broke in while I was out of town
answered on Jun 19, 2017
What exactly did she steal? Did you file police report- how will you get her arrested?
Sounds to me like you may need a family lawyer not an estate lawyer. I always suggest trying to work things out among family members as litigation can cost you a lot more than what your sister took.... View More 
He has poor health and I would not be surprised if he passed away at any point. He is leaving the house to the children in his will. His intention is that the children earn incoming from the property. My wife and I are concerned that this will become a huge headache for us to manage/rent on behalf... View More
answered on Jun 14, 2017
First I am really sorry about your father's health. Second, please do him and yourself a favor and have him created a Revocable trust instead of leaving it all in a will. If will be a disaster to take this entire mess of a planning through probate, appoint guardians for each of the minor... View More
I know my father is in a lot of debt and am worried that by being his durable power of attorney I'll get saddled with them.
answered on Jun 3, 2017
No, you are not liable for any of his debts but sounds to me like your father is in need of Elder Law planning. Does he have capacity to make decisions? Is he in the right mind?
Read this about Elder Law planning:
http://brooklyntrustandwill.com/elder-law/
Sincerely,... View More
answered on May 31, 2017
1. You don't need your daughter's permission to appoint her as executor but it's certainly nice to tell her about it.
2. If your trust is Revocable she is not a trustee she is a Successor Trustee in the event of your death only.
Sincerely,
Inna Fershteyn... View More
answered on May 31, 2017
It's a great question- I am actually pronating a will with non-NY executor now. NY Probate courts prefer to have a NY state executor but it's not a requirement especially if she is a relative and also a beneficiary under a will.
Sincerely,
Inna Fershteyn
Law... View More
answered on May 30, 2017
You can always do a trust will doesn't prevent you from putting it together. Will takes care of your assets at the time of your death and only after it goes through probate.
Trust is something that starts working during your life and anything that you move into trust will be... View More
Sisters moved a large sum of money from my father's bank account prior to his death in order that Social Security would not take it for my mother. After he died they are now claiming there was no money moved. They also signed over his car to my sister. Shouldn't I get a 1/3 of the value... View More
answered on May 26, 2017
If the transfer was made before death it's a gift and unfortunately there is no recourse.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
answered on May 16, 2017
You are not but your father's estate is
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 11235
tel: 718-333-2394
fax: 718-701-8859
www.BrooklynTrustandWill.com
New York Delaware County
answered on May 11, 2017
Q. Who is an executor of the estate? What was in the will? Did the executor do accounting for the estate?
I think attorney needs to give you consultation first and review all the documents before he/she can answer your question and get an answer to the questions above.
Sincerely,... View More
Is this where I file complaints about a nursing home?
answered on May 3, 2017
Hi,
Depends on the value of your estate. Estate tax is usually for estates over $5mill. As previous attorney said, there is no Inheritance tax in NY. They will have to pay probate fee and all court expenses as you have a will instead of a trust.
If you own a home, you should... View More
answered on May 3, 2017
That's not correct. Inheritance tax has nothing to do with what the will says. Inheritance tax is paid on any assets over $5,000,000 if both spouses are US citizens. You need estate Planning consultation to proceed.
Also, Trust and will are 2 separate legal documents.... View More
Will Medicaid expect to get reimbursed a year after and do we need to go to Probate to cash the check?
answered on May 2, 2017
absolutely Probate is a must. Although Medicaid usually monitors court proceedings for the first year after someone's death.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 1123... View More
If my house is in a trust and one of us needs long term care will any cash, stocks, bonds, etc be taken by the state or can it be transferred away.
answered on May 2, 2017
First, you are confusing different terms. 5 year look back provision applies to Nursing Home Medicaid only. Power of attorney allows you to act on someone else's behalf.
We need to review your trust and see if its Revocable or Irrevocable to determine if the 5 year look back... View More
There has not been a probate on the shares. How should the co-op proceed with this estate?
answered on May 2, 2017
3 sons must start Administration proceedings in the county where decedent died. (Administration is when there was no will). After Court decided who the owner of the shares is (usually by intestate succession of the state of NY it would go to spouse 50% and the rest to the kids or if no spouse all... View More
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