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I am executor. Brother has cancer and turns 65 in 2 months. I understand a trust can be used before 65. After that, Medicaid is secondary insurance to Medicare. Brother is not in long term care. He gets retirement social security income. Does he potentially lose less to Medicaid once he is on... View More 
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answered on Aug 24, 2019
It is better to be on Medicare to minimize expenses. Once he receives his inheritance, he may not qualify for Medicaid coverage, if he current qualifies, without spending down first. However, there are planning techniques to protect a portion of the money if he needs to spend down.
I'm the executor of Mother's estate + not in good shape to tackle this or pay to have it done. She died on Nov 4, 2018. I would say it's very unlikely she'd owed taxes, considering expenses from her long illness from Mar 2018 till her Nov 2018 death; all her MDW's were made... View More
answered on Aug 12, 2019
You should file 2018 and mark deceased and put the date of death. Without a deceased return the IRS can't know she died.
I have an Aunt that is 83 years old that lives in NY. I live in Georgia. In 2013, when she was of sound mind, she had a NY attorney prepare a POA regarding all her finances, etc. and a Health Care Proxy. She signed and I signed.
Now she has been diagnosed with Alzheimer's. As such... View More
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answered on Aug 4, 2019
The short answer is yes. A durable POA gives you power over her finances and the Health Care Proxy over her medical decisions. However, if her condition is not apparent to a vendor or health care provider and she is expressing resistance to your decisions, you may have problems. You may have to... View More
answered on Jun 20, 2019
Depends on the amount, the county, and whether you really owe it.
My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.
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answered on Jun 16, 2019
If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.
If you believe neither... View More
The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?
answered on Jun 4, 2019
If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time... View More
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.
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.
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... View More
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.
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
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