Elder Law

Estate Planning for the Blended Family

By Burner Law Group, P.C. / May 22, 2019 / 0 Comments

We live in a modern world where blended families are becoming more and more common.  A blended family is one made up of two spouses where at least one spouse has children from a previous marriage or relationship.  Blended families can also include two spouses, their children, and grandchildren from multiple relationships.  Because of the […]

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Executor Commissions

By Burner Law Group, P.C. / May 17, 2019 / 0 Comments

Question: I am the nominated executor of my friend’s estate.  If I am appointed as executor, would I get paid for the work I do? Answer:  Yes, you would be entitled to be paid for the work you perform as executor.  The payment received by an executor is referred to as a commission.  In order […]

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Guardianship

By Burner Law Group, P.C. / May 1, 2019 / 0 Comments

Q: I have an elderly aunt.  I’m embarrassed to say that I only visit once every few months.  I recently learned that she has a caretaker that has moved into her house and I suspect she is taking money from my aunt. When I asked my aunt about it she got angry.  What can I […]

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Creditors

By Burner Law Group, P.C. / April 24, 2019 / 0 Comments

Question: I loaned my friend money and, before he could repay me, he died.  Will I still be able to collect the debt owed to me? Answer: Yes, there are procedures to collect debts from someone who died.  However, the collection of the debt is dependent on whether the deceased person has money in his/her […]

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Estate Planning for the Millennial

By Burner Law Group, P.C. / April 10, 2019 / 0 Comments

Q: As a “millennial”, when is it a good time to start thinking about estate planning?  Do I need to accumulate assets before considering planning for my future?      A: Estate planning is not just for the elderly or the wealthy. Estate planning at a young age can provide some of the most basic means […]

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Estate Closure and Fiduciary Liability

By Burner Law Group, P.C. / April 3, 2019 / 0 Comments

Q: I am the Executor of my mother’s estate. I have paid all of the bills and filed the final income tax return and am ready to close the estate. How should I proceed? A:  In order to close the estate, you should prepare what is known as an accounting. This accounting shows the beneficiaries […]

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Naming Guardians for Minors in your Last Will & Testament

By Burner Law Group, P.C. / March 27, 2019 / 0 Comments

Question:  My husband and I have been talking about getting our estate planning documents in order.  We have a modest estate and three children ages 2, 5 and 7.  What questions should we be thinking about when we see an attorney for a Last Will & Testament?   Answer: As parents to young children, there are […]

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Intestacy

By Burner Law Group, P.C. / March 20, 2019 / 0 Comments

Question:  My dad died. He was remarried and survived by a wife and two children from that marriage. I’m a non-marital child.  There is no last will and testament.  I think he owns some property in his own name but everything else is joint with his wife.  What happens now? What rights do I have? […]

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Guardianship Options

By Burner Law Group, P.C. / February 27, 2019 / 0 Comments

Q: I have a daughter that is 18 years old and has Autism. I know that I need to become her guardian to make decisions for her, but I am not sure about the options.  Can you explain them to me? A: In New York State, when a person turns eighteen, they are presumed to […]

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Guardianship Article 17-A vs. Article 81

By Burner Law Group, P.C. / February 22, 2019 / 0 Comments

In New York State, when a person turns eighteen, they are presumed to be legally competent to make decision for themselves. However, if a person is intellectually disabled or developmentally disabled, as defined by Article 17-A (“Article 17-A”) of the Surrogate’s Court Procedure Act, a parent or concerned relative can ask the Surrogate’s Court to […]

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