Get free answers to your Elder Law legal questions from lawyers in your area.
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?
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... View More 
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?
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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... View More
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... View More
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.
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... View More
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.
POA without her consent?
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... View More
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?... View More
answered on Mar 29, 2018
Call your county adult protective services. They can get you in.
Inquiry pertains to a PING. The items to be sold are to be left to family members in the will.
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... View More
I thought court approval for personal property was required
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
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?
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.... View More
I'm in NYS. I do own a vacation home as well, no mortgage on either.
the other half my father's name can they do this without mom's permission she has a lot of unpaid medical bills
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
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
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... View More
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.
She has no assets other than $800 social security check monthly.
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
He had trouble remembering as he was 93, had signs of dementia.
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.... View More
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 ?
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.
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.... View More
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... View More
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?
answered on Oct 17, 2017
Yes, as the life estate is only on his share, not yours.
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... View More
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.
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... View More
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