answered on Jan 12, 2022
When it comes to penalty’s, you can pay it but needs further details on the reason. You can always consult with us for more specific advice.
She has POA. She has sold some of our 91 yr old mom's property & given the $ to her daughter. She's giving Mom's house to her son & spending Mom's money to renovate it first. She leaves Mom alone for days with the same guy (42 yrs old & unmedicated bipolar) who... View More 
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answered on Oct 13, 2021
It sounds like financial abuse at the very least. If Adult Protective Services are not responding, you can try your county’s District Attorney’s offices. Depending upon where you live, they may have a unit dedicated to elder abuse.
Can we do this by completing a form or do we need to get a lawyer? Can we file electronically? I live in Maryland, but her house is in New York. Thank you.
answered on Sep 22, 2021
In order to add additional parties to title, a new deed must be executed. Unfortunately, technology advances, such as esignatures have moved forward faster than our legal system has adapted. Therefore, it is necessary to executed wet ink copies of the deed and accompanying transfer documents that... View More
What is a typical payment arrangement? I assume no payment is necessary until the agent actually begins carrying out his duties. Is the payment arrangement something that should be spelled out in the power of attorney document?
answered on Jul 27, 2021
Do not use an attorney. No reason to spend that money. Anyone you trust who has reasonable acumen, can perform the task. If you wish to pay anyone, yes, be sue to spell it out.
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answered on Jun 17, 2021
If you don’t have a family member or friend, you can appoint a lawyer, financial advisor or institution as your agent. If you wish them to exercise power only in the case of your disability, you should discuss a springing POA. If you have no POA and become disabled, a court will appoint a... View More
My brother passed away and mom wants to take his name off the will. Her attorney refuse to do it
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answered on May 18, 2021
It is unclear whose will needs to be revised. If it is the will of a deceased person, it cannot be revised. If it is the will of a living person, the only person who can revise it is the living person, who can only revise it (with the assistance of an attorney recommended) if he or she still has... View More
My mom signed a paper saying that she wants me to have all items of hers left in the home. Because she gave the rest of her children what she wanted them to have when she was alive and knew that they would give me a hard time. How can I protect myself, I know they want to be spiteful because mom... View More
answered on May 10, 2021
No one can enter your home without consent. That being said, you may not be entitled ultimately to all items.
He told palliative care nurse that I’m stealing from his bank account. I have Power of Attorney but haven’t touched his $. He fell out of bed & has bruises. I’m afraid I’ll be accused of elder abuse. What protections do I have. Can I refuse to let him come back to the home we live in... View More
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answered on May 4, 2021
The question of what you can or should do is not something that can be answered that easily. You should consult with an attorney, who can get the information necessary to properly guide you. Questions you should be prepared to answer will include what your relationship is to the man and who is the... View More
effect only after 6/21/2021. Should I wait until then to create the POA?
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answered on Mar 5, 2021
It depends what you want the POA for. If you sign it now it remains effective after the new law takes effect. You can always sign a new one later.
What law requires a senior citizen to change the name on their birth certificate to match current name ?
Why is name on social security not considered legal name?
answered on Feb 3, 2021
You can file a petition to change your name with the court. It is a relatively simple form that you can download from the court website. As for divorced people, every NY divorce judgement includes an order allowing the person to change their name back to their previous name.
Mom needed 24/7 monitoring, and frequent trips to Drs and treatment. I worked from home to care for her. She died in 2015 and now I must sell the house and split the proceeds with my sister who never visited or cared for mom. I also paid for new appliances, a front porch, a whole house generator... View More
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answered on Jan 16, 2021
You may be entitled to credits for the improvements. However, if you had no caregiver agreement while she was alive you would not be entitled to compensation.
Family member A has Family member B as beneficiary in their will. Family member A's financial advisor has Family member C as beneficiary. What entity take precedence upon death of Family member A's death?
answered on Jan 13, 2021
Generally, a Will only has power to dispose of assets owned by the decedent after death. Therefore, an asset such as an investment account that has specific instructions designating disposition of the asset upon death controls.
My Mom went to the emergency room in the beginning of October, her blood pressure was high,,the next thing I know, she has been intubated, and from then on, she has not been able to return home.
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answered on Dec 4, 2020
To sign a Power of Attorney, your Mom must be able to understand what she is signing and its impact. If she suffers from dementia, Alzheimer's or a mental infirmity and is unable to understand, you would have to bring a Guardianship proceeding to assume control of her property and/or personal... View More
I am a beneficiary for two properties. One of the properties I currently live in and the deed is half in my name. The other half is in my late relatives name. The second property I am owed half from the sale of the administrator. No wills were left from my late relatives. I went to mediation and... View More
answered on Dec 1, 2020
Did you go at this along, representing yourself? I need a lot more information before I can give you a better answer. There are too many what if's.
If we do find a buyer, are 2 different checks cut...one in my decease dad’s name and one in my living mother’s name? Please reply only if you are familiar with NY state laws. My POA is for my mom who is still living. The letter of administration is for my deceased father.
answered on Oct 17, 2020
A power of attorney ceases to have any effect upon the death of the person granting the power of attorney.
The Principal is currently incapacitated. Principal and agent signed and 2 witnesses signed.
I'm an age 72 disabled senior who has lived in my rent-stabilized apartment In NYC for over 30 years. Before Covid, I rented my second bedroom to college students from Japan to defray my monthly expenses. I have built up rent arrears this year because I've not been able to rent to foreign... View More
answered on Sep 15, 2020
The landlord appears to have no basis to ask you how long your new housemate may be staying with you. In NYC you are entitled to have a roommate even without your landlord's permission. Although the landlord may have inquired because of the Covid-19 crisis, it is perhaps even more likely you... View More
How do we protect their house? Do we put the house under my moms name only? Thank you.
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answered on Aug 8, 2020
Now that you have applied for Medicaid your options are limited. You should speak with a Medicaid Planning attorney as soon as possible.
I was Married 05/20/2000
My Husband didn't divorce
His first wife until 2008. This was 8 years after we are together. He left me in February 2007. My Marriage is not valid, and I need it nullified.
He had a stroke last year, and I went back to assist him, because no... View More
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answered on Aug 7, 2020
As long as you have all the documentation to support that he was still married when you entered into the marriage contract, you will be able to get it annulled. You must start an action in court and should have an attorney assist you. Matrimonial/Divorce attorneys and Estate Planning attorneys,... View More
Dad has been dead many years. 3 kids, mom still living. Only asset is one house in NYC. How much does mom get if we sell home after intestate is completed by the court?
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answered on Aug 2, 2020
The laws of the state where Dad was last a resident will apply. If he was a resident of New York and died without a Will, assets are split 50% to surviving spouse and the other 50% to surviving children.
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