New York Elder Law Questions & Answers
Q: If disabled brother doesn't get $86k inheritance until age 65, is there a way to protect the money from Medicaid?
I am executor. Brother has cancer and turns 65 in 2 months. I understand a trust can be used before 65. After that, Medicaid is secondary insurance to Medicare. Brother is not in long term care. He gets retirement social security income. Does he potentially lose less to Medicaid once he is on... Read more »
It is better to be on Medicare to minimize expenses. Once he receives his inheritance, he may not qualify for Medicaid coverage, if he current qualifies, without spending down first. However, there are planning techniques to protect a portion of the money if he needs to spend down.
Q: The IRS sent a notice of unclaimed 2017 refund + demand to file 2018 for a now dead person. Do I still need to file?
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made on IRA's, etc. and she... Read more »
You should file 2018 and mark deceased and put the date of death. Without a deceased return the IRS can't know she died.
Q: Is a POA and Health Care Proxy enough to make decisions for someone who has been diagnosed with Alzheimer's?
I have an Aunt that is 83 years old that lives in NY. I live in Georgia. In 2013, when she was of sound mind, she had a NY attorney prepare a POA regarding all her finances, etc. and a Health Care Proxy. She signed and I signed.
Now she has been diagnosed with Alzheimer's. As such she... Read more »
The short answer is yes. A durable POA gives you power over her finances and the Health Care Proxy over her medical decisions. However, if her condition is not apparent to a vendor or health care provider and she is expressing resistance to your decisions, you may have problems. You may have to... Read more »
Q: Need some legal advice in how to handle a debt collector that has put a hold on a bank account medical bill
Depends on the amount, the county, and whether you really owe it.
Q: My sister won't let me have contact with senior dad despite him wanting so. What court should I go to?
My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.
If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.
If you believe neither... Read more »
Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.
The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?
If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »
Q: Can a daughter of a pastors wife obtain a church with a durable power of attorney in New York?
The pastor died which was her dad and her mom
Is blind. She is trying to get a power of attorney to get the church which was in her dad’s name.
No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.
Q: I am a disabled man on SSI. I am on Medicaid. I'm in rehab for a stroke in 5/18 I received a small inheritance
The inheritance is $3636.00. I am due to get out of Northeast Center early 3/19 in a Medicaid program called TBI Waiver. Med resource is under $2,000, SSI would be problematic and I haven't called them, I received the check today. I want to do the right thing to do, I don't speak well on the... Read more »
While technically this should be declared to Medicaid, it is too modest a sum for anyone to chase after you. Just deposit the check.
Q: I have a court date soon regarding order of protection I filed against mygranddaughter. Can court appoint lawyer for me
Do i need to have a lawyer when i go to hearing for order of protection I filed against granddaughter. Can court provide a lawyer for me?
Courts don't appoint family law attorneys in such cases. Some NY legal aid societies may be able to help you find a cost effective or pro bono lawyer in restraining order matters. You may consider hiring an attorney, and limited scope representation may be a good choice if you're on a budget. More... Read more »
Q: Hello. Does a person in a long term care inpatient facility in NY have to pay taxes? SS, 401K, pension?
Does the person admitted to long term care inpatient have to pay taxes on their pension, Social security, $401K can those taxes stop being withheld? She was admitted in June. Is she responsible for tax payment from Jan to June? Is she exempt from June to the present?
The only legal tool to stop collection activity would be to have an Tax Attorney negotiate a hardship status with the IRS. Just because she was admitted to a long term inpatient care facility does not negate the legal duty to pay taxes. However, there are a number of avenues available to prevent... Read more »
Q: My elderly mother is threatened with an eviction from her Appartment while she is at a Nursing Home for 17 Months.
The landlord has not been commenting to my requests about getting 1 Shot Deal to collect the rent owed.
And suddenly he sends an eviction notice with a court date.
She needs the appartment very much,as ahe is intending to come back home to live.
Wish to postpone the Court... Read more »
Just saw this now. This is a tough case. You are going to have to prove she is able to return.
Q: My mom inherited 1/2 of a house in 2008.
My mom, and her nephew inherited a house in 2008, mom died in 2015. Recently, I found out that my moms' nephew sold the home April 2018, without my dads knowledge. Isn't my dad still entitled to her half of the proceeds from the sale, even if my mom is deceased. As of today her nephew has moved on... Read more »
It depends on how the deed was drawn. If it was with right of survivorship between the two then no. If tenants in common, then you are right. Look at the deed and see how it was done.
Q: My grandma has dementia but refuses to sign over power of attorney to me, her son. Can I petition a court to grant me
POA without her consent?
Yes, you absolutely can petition the court. It would be a guardianship hearing, and you will be required to prove that she is not capable of making her own decisions.
Keep in mind that the legal standard for capacity varies from state to state, and can be quite difficult to prove. The... Read more »
Q: My mom lives with my sister and her finance. She is 86 years old still in her right mind. Her finance posted signs so I
cant go on his property because I turned him in a few months ago because he left his son's dog outside in 40 below weather. He's been mad ever since and my sister is not talking to me anymore. My mom calls me but I am not allowed to call there or go on his property. Do I have any rights? I really... Read more »
Call your county adult protective services. They can get you in.
Q: I thought a judge needs to sign off on selling personal property under a guardianship. Items also are part of a legacy.
Inquiry pertains to a PING. The items to be sold are to be left to family members in the will.
I think you already asked this question in different way. What type of guardianship is this? Of a minor or property?
I am not sure I understand what “part of a legacy” is
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517... Read more »
Q: relative has a guardian who is selling his real property in NY.Can the guardian sell his personal property w/o approval
I thought court approval for personal property was required
If he is a guardian of person and Property than the answer is yes.
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... Read more »
Q: My sister POA of my Mom's affairs. Mom is currently 95 and in assisted living. We need to get a loan on the house Mom
own's. So we can renovate and rent the two family and pay for assisted living. Mom is only one on deed. House is in trust of myself and sister. Sister has bad credit. I am one who needs to borrow on that property and get renovations done. Is it possible for me to do this?
Hard to say for sure as you're using terms that have specific and contradictory legal meanings. Does your mom own the house or is it in a 'trust'?
Why should your PERSONAL credit ratings matter? If your mom owns the house and the loan is for her, HER credit rating matters. Getting a loan... Read more »
Q: I'm a FT caretaker of my ill parents. I have lived in house for 5 years. Do I have any claim on it?
I'm in NYS. I do own a vacation home as well, no mortgage on either.
You have no claim as a result of being a caretaker.
Q: my mom had a stroke my sister is power of attorney my father wants to sell house half the house is in my mom's name
the other half my father's name can they do this without mom's permission she has a lot of unpaid medical bills
Yes. That is point of POA. To act when person cannot.
Q: mom needs long term care only get $607 SSI owns half of a house with husband who has lived apart 27 yrs. Taxes will not
taxes on home won't be paid if the home is sold will mom be taken care of by Medicaid? or should we just let the rehab nursing home put a lien on home.House is paid just property tax just my sister is their for now has nowhere to go
How much is this house worth? WE can put it in Irrevocable trust and save it.
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave, Suite 400
Brooklyn, NY 1123
tel: 718-333-2394
fax: 718-701-8859... Read more »
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