My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.
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answered on Aug 17, 2023
Any action must be brought on behalf of your mother’s estate. Someone must petition the Surrogate’s Court to be appointed Administrator or, if there is a Will, Executor. If she was married at the time of her death, her spouse has first priority to petition. If not, all natural born or adopted... View More 
My brother said he will use his own lawyer and my siblings and I will use the same lawyer . Can two separate party’s sue for the same reason. My brother said he wants to sue by himself without his siblings. So we decided to get our own lawyer.
answered on Aug 25, 2023
So sorry for your loss. As my colleagues correctly advised, any lawsuit on your mother's behalf can only be brought by the duly appointed representative of her estate (either the Executor if she had a will, or an Administrator if she did not). And any recovery will be determined by the... View More
My mother got paperwork needed to sign for consent to record inclusing audio. Now they also put something in saying no audio. Now the rooms are their homes and should be treated as such. They have a history of verbal abuse but never caught and the supervisor gaslights me and my mother. They have... View More
answered on Aug 14, 2023
Yours are serious allegations and should be carefully considered. In New York, there is an Ombudsman who may be able to help you sort out how to best handle the situation. The New York State Office of the Long Term Care Ombudsman Program (LTCOP) is an advocate and resource for persons who reside... View More
He is mild-moderate but knows he has some money. He has asked me to take it out the bank and save it for him. I am his POA. Is this allowed? They're going to take his social security and pension I know but what's in the bank is all he's got.
answered on Jun 30, 2023
The acts you are allowed to perform on behalf of your brother, such as banking transactions, personal and family maintenance, financial matters, etc., are delineated in the Power of Attorney form he signed. That said, you cannot perpetrate a fraud on either Medicare or Medicaid and misrepresent... View More
My sister is taking financial advantage of my parents. My parents know enough to agree she is but do not want to pursue legal ramifications . My concern is they will not have enough money to live out their years. Most recently my dad was removed from the deed of his second home while in the icu... View More
answered on Apr 3, 2023
It is unclear from the scenario you presented whether your parents are of sound mind. If so, you will not have standing to pursue actions that they are not interested in taking. You cannot force another person to litigate something in their interest that they do not want to. And you cannot force... View More
Hello,
My father died in early January of this year. He held a Life Estate on his home and my sister is listed as the remainderman on the deed. We filed the death certificate with the Town of Riverhead.
My father owes a large sum of money to the rehab nursing center he was in when... View More
answered on Mar 28, 2023
It depends whether the nursing center had a judgment against your father before he died. If so, a judgment entered in the same county as the property would form a lien on the property which would survive a change in ownership (such as that occurred upon his death). Since your sister would be the... View More
He says he needs “formal notice” - ME won’t release body without proof I’m executor (ie, the Will) so I cannot get a death cert or anything. I’m stuck as I need the Will to get the death cert, make arrangements, get access to apt., etc.. Can the lawyer be made to release the Will to me??... View More
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answered on Mar 10, 2023
Surrogate Court Procedure Act (SCPA) Sec. 1401 authorizes a proceeding to compel anyone who has custody of the original Will to produce it. If you are a spouse, parent, child, or sibling of the deceased, you are eligible to receive a copy of the death certificate if one has been issued. You would... View More
in NY
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answered on Mar 9, 2023
The fact that you lost the motion to reargue will not prevent you fr om following through with your appeal so long as you filed a timely notice of appeal from the Order. If you did not do that, it will be too late to do so. You cannot appeal from an order which denied reargument unless the order,... View More
She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot... View More
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answered on Aug 15, 2022
If you believe she can understand what she is signing and wants to do so, she can sign a POA. If she does not understand or understands but does not want to, you will need to petition for guardianship. You should not try to do this without speaking with an attorney.
The doctors tell me he does not have the capacity to handle legal matters, including health proxy, etc. and probably cannot sign off on a mobile home sale. Can I legally sell the property on my own? I really do not want to live here without him, so would look into a senior apartment. It is my... View More
answered on Jul 28, 2022
If you have a durable power of attorney, you should be able to proceed with a sale. However, if you do not have a durable power of attorney, you would need seek appointment as your husband's guardian before proceeding.
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answered on Jul 1, 2022
Expenditures are not generally an issue. The concern is when there is a substantial transfer without value received in return. For instance, paying $1000 per month for rent will not raise eyebrows so long as there is no question that the rental unit was being occupied. On the other hand, paying... View More
In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t... View More
answered on May 6, 2022
New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However,... View More
Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... View More
answered on May 5, 2022
If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... View More
Dose the 2nd agent need to sign?
answered on May 3, 2023
Your post raises multiple legal issues. Have a free telephone consultation with counsel.
Jack
I am in new york
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answered on Jan 6, 2023
Your mother must be able to understand what she is signing for her to execute a Power of Attorney. If she is unable to do so, you will need to apply for guardianship with the Court.
My mother has been a full time caretaker for her husband for over 10 years. He is continuing to decline and his behavior and needs have become unmanageable for her at her age. In October, he was hospitalized with CDIFF and we tried to get help through a hospital social worker with no support. She... View More
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answered on Nov 5, 2022
This question also appeared on Avvo, and it gave this writer pause. A husband apparently contracted a serious digestive disease characterized by the infestation of a parasite. So, a very ill spouse manipulates marital finances and bolts. The asker asks us legal professionals what to do, and... View More
My brother is a friend of the CFP but has no legal authority for my estate - living trust. The CFP is in Georgia. I think he breached client confindentiality at the very least and likely violated a code of ethics. What recourse do I have? Is there a Board where I can lodge a complaint? Thank... View More
visitation rights.what do I do? my boyfriend has dementia.
answered on Mar 14, 2022
In New York State a notary public is not required for a will but two witnesses are. Since all formalities must be properly completed or a will to be accepted to probate, I strongly suggest that you have a lawyer prepare and supervise the execution of your will instead of DIY.
My grandmothers social security and the department of family pays for her nursing home. The granddaughter decided to rent out my grandmothers house without her consent. The people that are staying in the house said they have a contract with my grandmother through the granddaughter. However, my... View More
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answered on Mar 12, 2022
If there is a Power of Attorney, the agent named may be granted power to rent and collect rents. If your grandmother is having her nursing home stay paid for by Medicaid, income generated from rents from her home may be due to Medicaid. UsIng it as a rental property could be a major problem. Do... View More
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