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.

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2 Lawyer Answers
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 Eran Janay agrees with this answer

1 user found this answer helpful

Answered
  • Estate Planning Lawyer
  • Montclair, 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

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