New York Elder Law Questions & Answers

Q: Can a daughter of a pastors wife obtain a church with a durable power of attorney in New York?

1 Answer | Asked in Contracts, Estate Planning and Elder Law for New York on
Answered on Mar 14, 2019
Michael David Siegel's answer
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

1 Answer | Asked in Estate Planning, Elder Law and Social Security for New York on
Answered on Feb 21, 2019
Michael David Siegel's answer
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

1 Answer | Asked in Family Law and Elder Law for New York on
Answered on Feb 4, 2019
Ali Shahrestani, Esq.'s answer
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 details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials,...

Q: Hello. Does a person in a long term care inpatient facility in NY have to pay taxes? SS, 401K, pension?

2 Answers | Asked in Tax Law and Elder Law for New York on
Answered on Nov 16, 2018
Chad Silver's answer
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 collection of the taxes, reduce tax liability, and adjust tax witholding. Please give my office a call at 855-900-1040 and I'll be happy to speak with you about this.

Best,

Chad...

Q: My elderly mother is threatened with an eviction from her Appartment while she is at a Nursing Home for 17 Months.

1 Answer | Asked in Elder Law, Consumer Law and Real Estate Law for New York on
Answered on Aug 25, 2018
Michael David Siegel's answer
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.

1 Answer | Asked in Civil Litigation and Elder Law for New York on
Answered on Aug 25, 2018
Michael David Siegel's answer
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

1 Answer | Asked in Elder Law for New York on
Answered on Aug 7, 2018
Stefan Dunkelgrun's answer
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 mere fact that she has dementia is not sufficient, you need to prove that she does not have sufficient understanding to make her own decisions.

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

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for New York on
Answered on Mar 29, 2018
Michael David Siegel's answer
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.

1 Answer | Asked in Estate Planning and Elder Law for New York on
Answered on Feb 11, 2018
Inna Fershteyn's answer
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 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com

Q: relative has a guardian who is selling his real property in NY.Can the guardian sell his personal property w/o approval

1 Answer | Asked in Elder Law for New York on
Answered on Feb 11, 2018
Inna Fershteyn's answer
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

www.BrooklynTrustandWill.com

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

2 Answers | Asked in Estate Planning and Elder Law for New York on
Answered on Feb 1, 2018
Kenneth V Zichi's answer
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 on a house in trust is often difficult and cumbersome.

You need to consult with a local attorney to both figure out what exactly you and/or your mother owns, and how to get the money out of...

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?

1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for New York on
Answered on Jan 23, 2018
Michael David Siegel's answer
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

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Answered on Jan 22, 2018
Michael David Siegel's answer
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

1 Answer | Asked in Elder Law for New York on
Answered on Jan 22, 2018
Inna Fershteyn's answer
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

www.BrooklynTrustandWill.com

Q: Mother died Jun '17. Will named exec. (deceased) and 2nd exec. renounced Nov '17. What is my first step?

1 Answer | Asked in Elder Law and Probate for New York on
Answered on Jan 18, 2018
Michael David Siegel's answer
Check the balance. You are near the line for a voluntary administration, which requires nothing but the bank account information and a death certificate. Too much time has not passed.

Q: Need to know what my 86yr old mom Medicaid/medicate rights to be placed in a medical assisted facility, she has no asse

1 Answer | Asked in Elder Law for New York on
Answered on Jan 3, 2018
Inna Fershteyn's answer
She should be eligible for nursing home Medicaid. Do you have a medical POA for mom to make that decision for her?

Inna Fershteyn

Www.BrooklynTrustandWill.com

718-333-2394

Q: My Father made a will 4 yrs. ago, but recently changed it the day he died. Is it a legal document or is there a time lmt

1 Answer | Asked in Elder Law, Estate Planning and Probate for New York on
Answered on Dec 5, 2017
Inna Fershteyn's answer
The answer is it depends. Was he diagnosed with dimentia? Is anyone challenging the will? I think you need to have a consultation with estate attorney before filing this will in probate.

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

Q: My Father Made a will amendment on Nov.29th, signed and died hours later. is it still valid ?

2 Answers | Asked in Estate Planning and Elder Law for New York on
Answered on Dec 3, 2017
Michael David Siegel's answer
It may be. Deathbed documents reverse the presumption to put the burden on the proponent to prove due execution and capacity. There is extra scrutiny.

Q: My sister does whatever she wants because she is POA yet my mother, who has dimentia, is still alive can I stop her?

2 Answers | Asked in Estate Planning and Elder Law for New York on
Answered on Nov 5, 2017
Inna Fershteyn's answer
The POA works unless it is revoked. However, if your sister is misusing it there are some actions you can take.

Is there a healthcare proxy as well? Feel free to contact me Monday and we can discuss.

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

www.BrooklynTrustandWill.com

Q: Life estate deed holder living in nursing home, can tenants in common sell house?

1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for New York on
Answered on Oct 17, 2017
Michael David Siegel's answer
Yes, as the life estate is only on his share, not yours.

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