A question asked time and again is whether the house transferred into the Medicaid Asset Protection Trust can be sold. The answer is: YES. The next question is what happens? The following will attempt to answer this question. Sally of Smithtown, New York transferred...
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Month: December 2015
Estate Planning- Avoid a Disaster With a Common Disaster Clause
Post updated on Aug 24, 2020 by Wayne R. Carrabus When discussing client’s Last Wills, I always discuss the possibility of a common disaster. I know it’s not pleasant, but it is a reality, and should be discussed. Why? Because you, the client, can, and should, have...
Estate Administration- When Do the Duties of an Executor Begin
There is great responsibility being the executor of an estate; standards of prudence, vigilance, and care are expected from the executor. An executor is one type of fiduciary (a trustee is another type) and to quote Chief Judge Cardozo from his decision in Meinhard v...
Estate Administration – How to Transfer the Deceased’s Car in New York
Post updated on Aug 31, 2020 by Wayne R. Carrabus A common task following the death of a person is the disposal of an automobile or automobiles owned by the decedent by an executor, spouse or other person involved in the administration of the decedent’s estate. How...
Revoking a Health Care Proxy
An appointed health care agent stands in your shoes and makes important medical decisions for you with your doctors about your medical treatment and may even stop life sustaining measures if there is no hope of recovery. If you feel that this person is no longer the...