nyc elder law attorney

LAWS THROUGHOUT THE STATES

More than half the states have filial support laws on their books. Most states that still have filial support laws as part of its statutory code rarely enforce them. The last time that Georgia successfully enforced its filial support law was 1936. Filial support laws are now coming back into focus, as judged by the relatively recent case of John Pittas in Pennsylvania. Pennsylvania more than most states has a more regular history of enforcement of its filial support statute, as judged from the several cases from 1994 and 2003. Louisiana recently enacted a filial responsibility act on June 29, 2015. North Dakota enforced its filial support law in 2013 when Four Season’s Healthcare Center sought payment from Elden Linderkamp, although the outcome of that case placed much weight on an allegedly fraudulent transfer of the parents land. These cases are the outliers, however.

ENFORCEMENT IN NEW YORK

A home equity conversion mortgage, or reverse mortgage, is a lending option that gives qualified homeowners the ability access the equity in their home. The benefits of a reverse mortgage include the ability to access a regular stream of funds or access to a line of credit when you need additional funds for life’s many unexpected events. However, reverse mortgages do have risks that you need to consider.

How a Reverse Mortgage Works

A reverse mortgage is designed to make payments to you from the unencumbered value of your home, which is the difference between the appraised value and the loan balance on your home. After you obtain a reverse mortgage, you will receive a lump sum or monthly payments from your lender; provided, however, you remain in the house and use it as your primary residence. If you have an existing mortgage, you may have to pay the balance of that mortgage as part of obtaining a reverse mortgage, but you will otherwise not have to make payments on the reverse mortgage until you sell the home or stop using the home as your primary residence. When you pass away, the lender will be paid upon the sale of the home.

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FILIAL SUPPORT LAWS

The Facts about Reverse Mortgages