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New York Elder Law Questions & Answers
1 Answer | Asked in Contracts, Estate Planning and Elder Law for New York on
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.

Michael David Siegel
Michael David Siegel answered on Mar 14, 2019

No. If the church was a duly formed religious corporation, the bylaws of the corporation govern what happens to its assets.

1 Answer | Asked in Estate Planning, Elder Law and Social Security for New York on
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... Read more »

Michael David Siegel
Michael David Siegel answered on Feb 21, 2019

While technically this should be declared to Medicaid, it is too modest a sum for anyone to chase after you. Just deposit the check.

1 Answer | Asked in Family Law and Elder Law for New York on
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?

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 4, 2019

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... Read more »

2 Answers | Asked in Tax Law and Elder Law for New York on
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?

Chad Silver
Chad Silver answered on Nov 16, 2018

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 »

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1 Answer | Asked in Elder Law, Consumer Law and Real Estate Law for New York on
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 »

Michael David Siegel
Michael David Siegel answered on Aug 25, 2018

Just saw this now. This is a tough case. You are going to have to prove she is able to return.

1 Answer | Asked in Civil Litigation and Elder Law for New York on
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... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 25, 2018

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.

1 Answer | Asked in Elder Law for New York on
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?

Stefan Dunkelgrun
Stefan Dunkelgrun answered on Aug 7, 2018

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 »

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for New York on
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?... Read more »

Michael David Siegel
Michael David Siegel answered on Mar 29, 2018

Call your county adult protective services. They can get you in.

1 Answer | Asked in Estate Planning and Elder Law for New York on
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.

Inna Fershteyn
Inna Fershteyn answered on Feb 11, 2018

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 »

1 Answer | Asked in Elder Law for New York on
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

Inna Fershteyn
Inna Fershteyn answered on Feb 11, 2018

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

2 Answers | Asked in Estate Planning and Elder Law for New York on
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?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 1, 2018

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....
Read more »

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1 Answer | Asked in Real Estate Law, Elder Law, Estate Planning and Probate for New York on
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.

Michael David Siegel
Michael David Siegel answered on Jan 23, 2018

You have no claim as a result of being a caretaker.

1 Answer | Asked in Real Estate Law and Elder Law for New York on
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

Michael David Siegel
Michael David Siegel answered on Jan 22, 2018

Yes. That is point of POA. To act when person cannot.

1 Answer | Asked in Elder Law for New York on
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

Inna Fershteyn
Inna Fershteyn answered on Jan 22, 2018

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

1 Answer | Asked in Elder Law and Probate for New York on
Q: Mother died Jun '17. Will named exec. (deceased) and 2nd exec. renounced Nov '17. What is my first step?

Mom lived in Suffolk County, NY. I live in So. Florida. I want to be the administrator (my brother agrees). Will has not been submitted for probate yet. I'm going to NY feb 1. Estate has about $40,000 in bank acct and bill due to nursing home for about $20,000. I'm concerned about how... Read more »

Michael David Siegel
Michael David Siegel answered on Jan 18, 2018

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.

1 Answer | Asked in Elder Law for New York on
Q: Need to know what my 86yr old mom Medicaid/medicate rights to be placed in a medical assisted facility, she has no asse

She has no assets other than $800 social security check monthly.

Inna Fershteyn
Inna Fershteyn answered on Jan 3, 2018

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

1 Answer | Asked in Elder Law, Estate Planning and Probate for New York on
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

He had trouble remembering as he was 93, had signs of dementia.

Inna Fershteyn
Inna Fershteyn answered on Dec 5, 2017

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....
Read more »

2 Answers | Asked in Estate Planning and Elder Law for New York on
Q: My Father Made a will amendment on Nov.29th, signed and died hours later. is it still valid ?

My Father had a trust and will made 4 yrs. ago at the age of 89, in 2014. on Nov. 29 of 2017 He made an amendment to the will and trust signed it and died hours later.

is it a valid amendment ?

Michael David Siegel
Michael David Siegel answered on Dec 3, 2017

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.

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2 Answers | Asked in Estate Planning and Elder Law for New York on
Q: My sister does whatever she wants because she is POA yet my mother, who has dimentia, is still alive can I stop her?

My father was dying the beginning of this year and my sister started telling my parents she wasnt going to do anything for them anymore if they didn't sign their house over to her. My father had also told me she was spending thousands of his dollars while he was in rehab, $30,000 to be exact.... Read more »

Inna Fershteyn
Inna Fershteyn answered on Nov 5, 2017

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...
Read more »

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1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for New York on
Q: Life estate deed holder living in nursing home, can tenants in common sell house?

My mom, brother and myself were joint tenants in 2001. In 2014 my mom transferred her interest to my brother for a life estate deed and then sent her away to live in a nursing home in another country. Can I file for partition of the house if she is no longer living there?

Michael David Siegel
Michael David Siegel answered on Oct 17, 2017

Yes, as the life estate is only on his share, not yours.

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