Noreen A. Murphy’s Answers

Noreen A. Murphy

Winchester Estate Planning Attorney.

Contributor Level 9
  1. My mother is a Medicaid patient of a nursing home in MS. I live in FL. Can I move her to a FL nursing home?

    Answered almost 3 years ago.

    1. Noreen A. Murphy
    2. Dennis Michael Phillips
    3. David L. Carrier
    3 lawyer answers

    As Attorney Phillips said, you would be well served by consulting an elder law attorney before you move your mother. In addition to Medicaid issues, there may be other things to sort out before the move. If your mother is competent, she can elect to move to another state. However, if she is not competent, there may be a question about who has the authority to control where she lives (e.g. the person appointed in a Power of Attorney document). Residency, for Medicaid purposes, is usually...

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  2. Mother made xmas gift of $500 to her family totaling $7,000. Is this Medicaid exempt?

    Answered over 2 years ago.

    1. Noreen A. Murphy
    2. Martin L. Pierce
    2 lawyer answers

    Unfortunately, the answer is because Federal Law defines a "transfer of assets" as transfers which the Medicaid applicant received less than fair market value in return. In Massachusetts, with limited exceptions, the state does not care why the transfers were made - only when. If the transfer was within the 5 year look back period, it will - at least initially - be considered a transfer that would prevent the applicant from being approved for Medicaid. There are two possible solutions to...

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  3. My mother is on the deed to my and my husbands home. She had her lawyer put all of her assetts into an irrevocable trust about

    Answered about 2 years ago.

    1. James P. Frederick
    2. Steven J. Fromm
    3. Noreen A. Murphy
    3 lawyer answers

    I agree with both prior answers. I would be concerned about the protection of your personal assets also, and as Attorney Frederick mentioned, it is difficult to answer the question based on the facts included. You should see an attorney that has experience in asset protection trusts to have the existing trust reviewed. You and your husband probably want to consult with a different attorney - not the one that prepared the original trust. Depending on whether you or your mother was the...

    4 lawyers agreed with this answer

  4. Are children responsible for a parent that has moderate dementia?

    Answered almost 4 years ago.

    1. Noreen A. Murphy
    2. Steven Robert Wilson
    2 lawyer answers

    By responsible, I assume you mean financially responsible should your mother-in-law have an accident. Generally, the answer would be, "No." It sounds as if you are trying to make sure she does not drive. Here are a couple of suggestions, that may help. -If your mother-in-law uses a mechanic, tell him not to fix the car and tell him why. I have heard of parents who had their local mechanic re-connect batteries that children had pulled off - for the exact reason you are facing. -Contact...

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  5. Hiring estate planning attorney on a retainer, how does it work?

    Answered about 2 years ago.

    1. Lawrence A Friedman
    2. Joseph Franklin Pippen Jr.
    3. Noreen A. Murphy
    3 lawyer answers

    Attorney Pippen explained it perfectly: The client and attorney sign a contract which should detail the hourly rate for the attorney and any other staff that may work on the case (e.g. paralegals). It should also explain the scope of work - what is going to be included. For example is the attorney going to prepare any tax returns, are they going to bring in an accountant, are there real estate issues to be resolved? The client then gives the attorney a retainer which is placed into a...

    3 lawyers agreed with this answer

  6. Can my 87 yr old mom be forced to sell the home she lives in with her 50 yr old daughter if nursing home costs exceed insurance?

    Answered over 4 years ago.

    1. Noreen A. Murphy
    2. Jeffrey A. Marshall
    3. Jonas A Jacobson
    4. Susan Michals King
    4 lawyer answers

    Attorney King is correct: in Massachusetts, the primary residence of a person in a nursing facility, who is applying for Medicaid (MassHealth), may be transferred to one of 5 people without penalty. A "Care Taker Child" is one of the 5 people who may be given the home. The Office of Medicaid will need the following documents for the transfer to be approved: - A birth certificate showing that your sister is actually the "child;" - A letter from a doctor stating that your sister's care...

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  7. Medicaid Estate Recovery Home Exemption

    Answered about 4 years ago.

    1. Noreen A. Murphy
    2. Elizabeth Smith Schmitz
    2 lawyer answers

    In Massachusetts, in order to avoid estate recovery if your mother passes away, the home must be transferred while she is alive. Once transferred to you, the house is yours. You should not have to sell unless you want to. If you do sell, the proceeds belong to you. BUT, the transfer must be made while your mother is alive. Otherwise, the house legally still belongs to your mother. Transferring property using a Power of Attorney can be a real problem. As Attorney Schmitz stated, to have a...

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  8. What happens when an elderly parent dies and has credit card debt?

    Answered over 1 year ago.

    1. Daniel J. Krause
    2. Jay K. Nixon
    3. Noreen A. Murphy
    4. Robert William Haley
    4 lawyer answers

    I also think it a good idea to consult with an attorney in Wisconsin. However, in Massachusetts, creditors have one year from the date of death to file a claim against the estate for pre-death debts. Unless this was a joint card - where both parties are responsible, it is unlikely that anyone else would be responsible for the credit card bills. Also, most credit card debt is "unsecured." That means that the money is paid to the creditor, but there is nothing being held to make sure person...

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  9. Trustee breaking the rules of the trust.

    Answered about 4 years ago.

    1. E. Alexandra Golden
    2. Noreen A. Murphy
    3. Kenneth V. Zichi
    3 lawyer answers

    It may be that your Aunt has arranged for a deferment on paying the taxes. If so, the town will wait until the property is sold for payment of the taxes, and would not start a process to sell the house to pay the taxes. Even if that is true, however, your Aunt may still be violating the terms of the trust which require her, as the lifetime tenant, to maintain the property. If she is violating the terms of the trust, as Attorney Golden stated, she is breaching her fiduciary obligation to you...

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  10. How does the executor bill the decedent's estate for the executor's services?

    Answered about 4 years ago.

    1. Noreen A. Murphy
    2. E. Alexandra Golden
    3. Margaret L. Cross
    4. David Martin Beliveau
    4 lawyer answers

    Two other things you may want to consider: (1) Does the Will have any language about compensation for the executor? If it does, that language would control. Occasionally, if a family member is the executor and also a beneficiary, compensation may be prohibited by the testator/rix. (2) Any amount paid to the executor will be considered income to the executor, and must be declared on that persons income taxes. When I represent an executor who may want to be compensated by the estate, I...

    1 person marked this answer as helpful