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New York Elder Law Questions & Answers
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...
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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 much time has... 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....
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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. My... 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...
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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.

1 Answer | Asked in Elder Law and Real Estate Law for New York on
Q: who can I file a complaint to about the sale of my moms home?

House was inhabitable, racked up fines, utilities in thousands of dollars, was told she would not have to pay anything, they would take care of it and will give her five thousand dollars cash. today utilities say my mom owes, called these guys and they said they did not tell me that! I would not... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 20, 2017

From your post, I can understand that there is a problem. However, there is not enough detail to understand what it is. Who are the "guys" and what to they have to do with the property.

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for New York on
Q: I am selling my home and need extra 2 months to move. Am I required to pay rent for my current apt of 24 yrs?

I am disabled and need an apt that is accommodated with railings and is hard to find. The closing will be done in 45 days and not enough time to find apartment. I am the person selling the house but I had a reverse mortgage and not making a profit. 82 yrs years old and need more tie to find an apt... Read more »

Michael David Siegel
Michael David Siegel answered on Sep 18, 2017

Just change the closing date.

1 Answer | Asked in Real Estate Law, Elder Law, Health Care Law and Landlord - Tenant for New York on
Q: Constructive trust? I asked before! If I paid for an extension on my sons house and he claimed me as a dependent Can he

just sell the house and leave me homeless? I am now 84 years old!

Aubrey Claudius Galloway
Aubrey Claudius Galloway answered on Aug 18, 2017

It is impossible to answer this question without reading the documents. Our office provides untethered legal services so if you would like we can review the matter for you had a very low cost and advise you appropriately. At that point you will know where you stand legally, they can make the... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for New York on
Q: my name is on deed from late father, mother has lifetime tenancy, I live w/ her. do I have any rights in home/

I was begged by mother to move in to kick out troublesome family members whom she had allowed to stay there. she kept telling me that it was my house(she wasn't living in the house at the time). after moving in, I was told that I couldn't kick them out because it was her house which means that she... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 13, 2017

It depends on the terms of the life tenancy, and who is paying expenses, etc. You can likely bring an eviction action.

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1 Answer | Asked in Collections and Elder Law for New York on
Q: My very elderly Dad is req'd to pay an AMEX debt I incurred as a cardholder on his ac.Can we reduce the debt?Stop calls?

My father had an AMEX card for 50+ years. He was allowed to give me my own card. I used it only for emergencies, but then my husband lost his job and we started using it to pay bills. Also, I gave him use of it for expenses for his small biz.

We cancelled the card recently bc the debt was... Read more »

Michael David Siegel
Michael David Siegel answered on Aug 4, 2017

You cannot stop the calls. It is his debt. AMEX will settle for half in a lump sum, typically, or give a payout. Your dad is not judgment proof, and he will be sued. You need to get authority from him to settle the account and be prepared to pay.

3 Answers | Asked in Elder Law, Real Estate Law, Estate Planning and Family Law for New York on
Q: Mom passed .4 kids 2 own homes so house was put with other 2 kids & mom.Verbal Understanding to be divided equal

Will not let us see will. How do I get the name of laywer? Now 2 with name on house are saying it's theirs, and we have no claim because it is is their names. What do I need to do? We have allowed them to live there rent free 5yrs.using other $ left to pay taxes. Put that way so homeowners didn't... Read more »

Inna Fershteyn
Inna Fershteyn answered on Jul 22, 2017

Your question is a bit confusing- if mom passed who doesn't let you see the will? Other siblings?

I would need to see feeds to all 4 houses first to see how it was recorded. If the name of sibling was there and there was a right of survivorship the sibling gets the house outside of...
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2 Answers | Asked in Real Estate Law and Elder Law for New York on
Q: My mother passed away last year she left a will leaving me an apartment she owned and had shares I went threw probate.

It's was accepted threw NYC court co-op members provided me a certificate and proprietary lease now I received a letter from social services wanting to put a lein and take away property. What can I do to prevent this from happening?

Michael David Siegel
Michael David Siegel answered on Jun 29, 2017

You cannot prevent it, but you need to handle it a certain way. These matters can be settled.

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1 Answer | Asked in Foreclosure and Elder Law for New York on
Q: Raising all defenses?

So I don't lose out on anything, I decided to list all my defense and ask once again to see all original documents, and after 30 days which is reasonable enough for the courts ask for it to be dismissed . But I want it dismissed where it can't be sold agin to someone else. I am tired of dealing... Read more »

Michael David Siegel
Michael David Siegel answered on Jun 27, 2017

Unless you are her guardian or have her authority, no bank will talk to you. It violates her privacy.

1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for New York on
Q: Okay, so it depends on the language....

What if the original mgt and note are not available and all they have is copies of serving rights?

Barry Eran Janay
Barry Eran Janay answered on Jun 23, 2017

Probably won't matter if a) the docs were filed with the county / register, b) they can submit an Affidavit outlining the documents were lost and what efforts they made to find the originals plus that the duplicates are exact copies.

2 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for New York on
Q: So you're saying the lender can call the mtg in now in 2017 after eight years?

You stated the lender will deem the note due when due, and what I said is the lender is deeming a note due after eight years of doing nothing.

Barry Eran Janay
Barry Eran Janay answered on Jun 22, 2017

That's not what I am saying.

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3 Answers | Asked in Civil Litigation, Foreclosure, Real Estate Law and Elder Law for New York on
Q: Q1.If the mortgagor dies in 2009, and the mtg contract is due, but the lender does nothing. Is that deemed accelerated?

Q2. If the lender servicing agent states in writing, it has referred the home to foreclosure, is it accelerated?

Q3. And if so does subsequent communication also deem the loan status accelerated?

Barry Eran Janay
Barry Eran Janay answered on Jun 22, 2017

The answer unfortunately is that it depends on the language in the mortgage.

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1 Answer | Asked in Elder Law and Small Claims for New York on
Q: Who is at fault?

While bathing my mother, her caregiver had to quickly react to an abrupt movement on the mother's part. During the process, the caregiver's mobile phone fell out of her pocket into the water. Is my mother at fault? The caregiver insists it's my mother's fault. I contend, since my mother did not... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on May 11, 2017

That typically comes with the job. The caregiver shouldn't have had the phone in her pocket. What are the terms of the work agreement? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more... Read more »

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