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Joseph L. Morana

Joseph Morana’s Answers

31 total

  • How do I set up a special needs trust for my son w/o an attorney?

    Had an attorney but she said it was too small for her and after she told me to change my beneficiary to my estate she never got back to me and I have e-mailed her but no results.

    Joseph’s Answer

    You should look for an appropriate special needs planning attorney at the Academy of Special Needs Planners' website at: http://specialneedsanswers.com/. Good luck.

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  • Responsible for PG boarding school tuition 1/2 is paid. Expelled for plagiarism.

    Son struggling in class. Could not drop or change class during and after.Parent notified after decision. no written letter stating the issue and recommendations. Want assistance appealing tuition in writing whether its the remainder or possib...

    Joseph’s Answer

    I think you will be better served consulting an attorney in person as it would be impossible for an attorney to give you assistance in the manner you are requesting. Good luck.

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  • How does one protect family asset when a love one needs long term care.

    Only assets is a home that we would like to keep when the love one passes.

    Joseph’s Answer

    See an asset protection attorney who does Medicaid crisis planning. Do so without delay.

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  • How do I ensure the home my parents own will not be taken from them in case one or both need to enter a nursing home, Rehab, etc

    They do not have a mortgage. They do not have a will, or a living trust. What needs to be set up to protect each of them if something happens to the other party? (Nursing home, etc.) What needs to be set up to be sure the home is passed on to t...

    Joseph’s Answer

    Your parents should set up an irrevocable trust; also known by some as a Medicaid Asset Protection Trust. You should consult with a lawyer who specializes in elder trust law.

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  • House in an irrevocable trust. Options for distribution to beneficiaries once trust is "executed"

    There is a piece of property (owned by my grandmother) currently in an irrevocable trust. In the eventuality, when my grandmother passes, the trust has three beneficiaries- my dad and his two brothers. My dad has the intent to "give" me his portio...

    Joseph’s Answer

    Your question is much clearer, thank you. The trust would have to be reviewed by an attorney to be sure, but you might look to see if there is any language giving your father a "power of appointment." If so, your father may be able to "give" you his share...probably in writing in his Will...but again it depends on how the trust language reads.

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  • Can the State of MA require that gifted money be returned when an elder person receives MEDICAID ?

    Our mother has given each of her children cash gifts of less than $14,000 over the past few years. If she exhausts her assets and applies for Massachusetts Aide will we be required to turn the gifted money over to the state?

    Joseph’s Answer

    Thank you for the question. MassHealth/Medicaid will surely try to get the money back; and most applicants not represented by a lawyer will not realize that this can be contested (the applicant may not prevail, but it can be contested---often will success in the right circumstances). There are many complicated strategies for protecting your mother's assets---even at this late stage, but you need to consult an attorney who handles these matters as a REGULAR part of his/her practice. Good luck.

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  • Can i fight my mother in court from revoking her living trust

    i have received a regular income of 2000 - 2500 a month from a revocable trust account since the age of 18. i am now 25 .This income supported me through college and until now, through all of my time in law school. i am now married and looking to...

    Joseph’s Answer

    It is not clear from your question---and it likely won't be clear until an estate planning attorney reviews the actual trust---if you can fight your mother. There are too many potential variables for any lawyer to give you the certainty you seek. Did you mother establish the trust? With your father? if so, did your father die several years ago? The distributions you describe sound like the trust turned into a common trust for the benefit of you (and your siblings?) for your health, education, maintenance and support. Such distributions often terminate around your age, then the common trust breaks into separate general needs trusts for the beneficiary-children. Again, without seeing the actual document, nobody can do anything more than speculate--which is what I have done above. You need to have an attorney review the trust. Good luck.

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  • Can I set up a trust or something similar for my mentally challenged sister?

    She currently receives state insurance from MassHealth and cannot have more than $2000 in her bank account. Otherwise, she will lose her health benefits if she has more than that.. Do you know the best way to put money away for her that won't in...

    Joseph’s Answer

    A special needs trust for sure. Look for an attorney who does special needs planning. Good luck.

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  • Will assets in an irrevocable trust be protected in a divorce in Massachusetts?

    In the future, I may receive significant assets as a gift, including real estate that I may use as a primary home in Massachusetts. I am not married or dating right now, and I would like to protect those assets in case of a future divorce. ...

    Joseph’s Answer

    If your future gift will be an inheritance, then I have a solution---an Inheritor's Trust. It is designed specifically for the scenario you present.
    If the anticipated gift is not an inheritance, you can also achieve your objectives by customizing the trust language.

    Unlike many attorneys, I solely practice asset protection. Good Luck.

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  • Guardian mis-conduct in Massachusetts

    What is the time frame for filing a complaint against a guardian in an elder case? The guardian failed to protect the ward and there are issues regarding missing property and money. Who can bring a suit against the guardian? There is no execu...

    Joseph’s Answer

    As Atty. Golden correctly suggests, yours is a situation that cannot be answered online because there are too many moving parts. Elder law attorneys generally offer free consultations. In your case, I think you should proceed in that direction. You will likely get more direction and clarity in 30 minutes than you would by asking questions online. As a non-lawyer, you may be omitting important facts without realizing it. When you sit down with an attorney, however, he/she will know what is legally relevant and thus will know what to ask you. Sorry to hear of your situation. Good luck.

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