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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
just sell the house and leave me homeless? I am now 84 years old!
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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... View More
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... View More
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.
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... View More
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.
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... View More
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... View More
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?
answered on Jun 29, 2017
You cannot prevent it, but you need to handle it a certain way. These matters can be settled.
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... View More
answered on Jun 27, 2017
Unless you are her guardian or have her authority, no bank will talk to you. It violates her privacy.
What if the original mgt and note are not available and all they have is copies of serving rights?
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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.
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.
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answered on Jun 22, 2017
That's not what I am saying.
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?
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answered on Jun 22, 2017
The answer unfortunately is that it depends on the language in the mortgage.
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... View More
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... View More
Is this where I file complaints about a nursing home?
If my house is in a trust and one of us needs long term care will any cash, stocks, bonds, etc be taken by the state or can it be transferred away.
answered on Apr 29, 2017
There's more than one way to own property. Self-settled trusts are subject to the 5 year lookback period. You should retain counsel to come up with a better plan than what you have right now.
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