New York, NY asked in Estate Planning for New York

Q: My uncle has cancer close to passing. We are in nyc

He has been in a home for 15 years. His parents "my grand parents" are both deceased. His brother had passed my mother his sister has passed and since She passed I've become his guardian. He has another neice that's in ohio but has no contact with him or the home. He is a Vietnam vet and he has a pension from the state of N.Y.. He has no will and is a stubborn man and won't right one. He won't eat or let them give him a tube and I can't ask for one since he is mentally competent still. So what do i do when he passes? How do I get access to the money to bury him from the military. I work for the city so I know the process there.

Related Topics:
2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: You will become his estate administrator and collect the pension. However, if you are his guardian of the person, you can direct medical treatment.

Barry E. Janay agrees with this answer

1 user found this answer helpful

Barry E. Janay
PREMIUM
Barry E. Janay pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Livingston, NJ
  • Licensed in New York

A: The other attorney is for the most part correct; to add however, once you are the administrator you can apply to the Dept. of Veterans Affairs for the burial benefit.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.