New York Elder Legal Questions

Regarding Social Security matter, call the Fraud Division of Socil Security to report.  Whether you can sue the nursing home depends on a number of factors:  (1) the contents of the contract that was signed with the nursing home and (2) whether you have sufficient facts and evidence to directly link the nursing home to the theft.... Read More

Ms. Peters you may telephine my office to schedule a time to talk.  When we talk, try to be clear about what your goals are and what you want to achieve.  Without knowing all of the facts and reading what you wrote, you probably will have to engage in litigation.  Thank you for contacting me. Alfreida V. Kenny, Esq (212) 809-2700.... Read More

Only your son can sign a deed transferring his interest to you or to your and your daughters.  You may need to hire a P.I. to find him.  If not, whoever settles your estate can do that or can sell the house and, if he cannot be found, pay his share into the court registry for him to claim at a later date.... Read More

While strictly speaking you do not need legal representation, an attorney who has experience with APS can guide you in your effort to get the case dismissed or at least designated "not proven."  To find an elder lawyer near you, you might use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

By "removing [your] name from the title" you will be making a gift which, if made in the 60 months before you apply, would delay your eligibility for nursing home Medicaid, perhaps for months, perhaps for years.  To safely do Medicaid planning, consult an elder law attorney.  You might use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Transfers to a trust or anyone or anything else for less than fair market value within the 60 months before a nursing home Medicaid application face the rebuttable presumption that they were made in order to qualify for Medicaid.  The likelihood of needing nursing home care within five months of an AD diagnosis is high.  While the widower can spend his money creating a trust "or other such protection," he is so likely to require nursing home care within five years that this could be a complete waste of money needed to pay for aides, assisted living and other efforts to postpone residence in a nursing home.  You might want to consult a local elder law attorney.  You can find one using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Irrevocable trusts can be valuable tools for protecting your assets if you're planning on qualifying for Medicaid, and for minimizing probate when you pass away- but can also be wonderful tools for lawyers to rip off clients. A trust should cost no more than $2500- $3,000. I have heard of lawyers who charge double or triple that amount. Most important, a consultation is always necessary to first determine whether you really need a trust.    ... Read More

It isn't illegal per se for your father's ex girlfriend to use your last name, depending on what she's using it for. What kind of public records? When you received a call about refinancing your father's property, was her name mentioned, or was it a random telemarketing call? Regardless, I would be concerned as well. First, ask your father whether he made any transactions with this ex, such as putting her name on the deed to his house, lending her money, making her power of attorney, or making a will and putting her in it.  Then, whatever his answers, you can't be too safe. Have your father make a new will, and a power of attorney, and do a deed and lien search on his house to make sure this unscrupulous-sounding ex has not falsified documents to enrich herself.  Finally, depending what you find (or to handle all of this), you'll want to hire an attorney to contact this ex, minimally to advise her to stop using your name to falsely claim to be next of kin to your father, and if necessary, engage in other litigation.   ... Read More

If your co-executor can act alone under the terms of the will, unless the person is doing things that are violating the law or the will, or unnecessarily costing the estate money, there's nothing you can do about it. If the co-executor is stealing from the estate, or unnecessarily costing the estate excessive money, you can bring a proceeding in surrogates court for an accounting, to have that person removed as co-executor, and/or surcharged (fined) when the final distribution of assets is made. ... Read More