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Judith A. McDougall-Flynn

Judith McDougall-Flynn’s Answers

68 total


  • My 22 year old girlfriend had everything taken away by her parents including trust fund.

    My girlfriend has a large sum of money in a trust fund. She is Jewish and I'm not. When hey found out about me they took everything say including Her trust fund. She's 22 and I want her to move away with me but she has nothing now. I told her I wo...

    Judith’s Answer

    It seems clear to me that your girlfriend's parents have made changes to their estate plan in accordance with their rights, and the funds you are referring to are THEIR funds, not your girlfriend's. There are usually at least two sides to every story, and I would presume that her parents would offer other reasons for changing their estate plan at this time - unrelated to religion. At 22, most young adults do not have the maturity or wisdom to fully understand the consequences of their actions, and there may be valid reasons why your girlfriend's parents do not feel that it is in her best interest to move away with you at this time. I suspect that you will not appreciate my answer, but I suggest that you should be encouraging your girlfriend to maintain a mature and respectful relationship with her parents, rather than looking for an attorney for her to sue them.

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  • Can a patient be discharged with out a proper facility to go to?

    My father is an altzheimers patient. He was at a skilled nursing facility and was sent to the hospital. After he was sent to the hospital the nursing facility refused to take him back as they stated that he was becoming violent. Now the case manag...

    Judith’s Answer

    Absolutely NOT! The hospital must have a safe plan of discharge, and it sounds as if a discharge home would not be safe. You should contact a qualified elder law attorney in your area immediately to assist you with an appeal of this unsafe discharge. You are entitled to receive written notification of the termination of Medicare coverage and the discharge plan and the written notice will inform you how to file an appeal. Time is of the essence and this is one area that you do not want to navigate without assistance. You can find an elder law attorney in your area at www.naela.org. Good luck.

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  • A sibling is financially taking advantage of my mother. Mother is in control of her faculties. What can I do?

    The sibling lives on SSI and similar programs.

    Judith’s Answer

    Atty Golden is correct. I would add, however, that you want to be sure that your mother is truly making informed decisions based on true facts. For example, if one case I handled mom was told that Person A had done bad things and should be excluded from her estate plan as a result. Mom's decision to omit Person A from estate plan was an informed decision based on the facts as she understood them. Person A had not, in fact, done the things that Person B had told her, so her competent decision was based on wrongful information and, in my opinion, on the undue influence of Person B. Mom was 100% dependent on Person B for her care and Person B isolated Mom from all family members. She went along with the estrangement from family members based on the information she had, but the information was false. So, my advice is to explore further if there is a possibility that Mom's decisions are based on false information. If Mom is being unduly influenced and is susceptible to that undue influence based on her reliance on someone, there may be remedies available. An elder law attorney will be able to assist you in assessing your options. Good luck.

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  • Can Medicaid take all my spouses income when we have a mortgage?

    My husband is in a nursing home and I found out recently that they are going to take all his social security and pension which totals about $2700.00. I have a mortgage that is $1700.00 and only bring home $2500.00 a month. Is there a law that wi...

    Judith’s Answer

    The answer is state-specific, so you will want to consult an experienced elder law attorney in your area (check www.naela.org). In Massachusetts, there is a formula that is used to determine if the spouse is entitled to keep a portion of the institutionalized spouse's income. Not all expenses are used to determine this, so you really need to seek qualified assistance. Good luck.

    Judy Flynn
    Elder Law Office of Judith M. Flynn
    800 Hingham Street, Suite 102N
    Rockland, MA 02043
    781-681-6638
    781-681-6639 (fax)
    www.theLegalCheckUp.com

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  • CAN THEY TAKE MY MOTHERS HOME IF SHE GOES INTO A NURSING HOME IN OHIO

    IF SO. CAN THE HOUSE GO INTO MINE AND MY BROTHERS NAME

    Judith’s Answer

    The Medicaid regulations have financial criteria for eligibility, and a look-back period of five years from the time of application to determine if there were any transfers that are not allowed under the regulations. If there were, a penalty or disqualification period will be imposed as a result. Your question is too open ended to give you a more specific answer than that, as it is unclear whether your mother needs care now or if you are asking the question for advance planning purposes, but either way you should consult an experienced elder law attorney in your area. Find one at www.naela.org. Good luck.
    Judy Flynn
    Elder Law Office of Judith M. Flynn
    800 Hingham Street, Suite 102N
    Rockland, MA 02370
    781-681-6638
    781-681-6639 (fax)
    www.theLegalCheckUp.com

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  • In GA, can assets be transferred to a blind child over 21, without medicaid penalty when entering a nursing home?

    My mother is in a nursing home in GA. She had a stroke, and might recover, but she might be staying there. We know Medicaid will pay for the nursing home if asset limits are not exceeded, but she has too many assets. I read that she can transfer ...

    Judith’s Answer

    You need to seek the advice of an elder law attorney in your area. You can find one at www.naela.org. While you may be correct in some of what you say, there are other issues that must be examined beyond the asset limit to be sure your mother will be eligible for benefits, such as whether there were any disqualifying transfers in the past five years, whether your sister has the necessary documentation for disability that is required under the regulations, etc. Good luck.

    Judy Flynn
    Elder Law Office of Judith M. Flynn
    800 Hingham Street, Suite 102N
    Rockland, MA 02370
    781-681-6638
    781-681-6639 (fax)
    www.theLegalCheckUp.com

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  • This is not a question I would just like to say "THANK YOU" to all of the probate attorneys who gave me "EXCELLENT" advice!

    This is James Pitts, and in the past I came here to discuss my late mother's estate and the executor of her estate. I wanted to say THANK YOU to Robert Hughes as well as all of the other very good probate attorneys who took the time out to give me...

    Judith’s Answer

    • Selected as best answer

    While I appreciate your taking the time to thank the attorneys who provided you with guidance, I do not think it is appropriate for you to post the estate attorney's name on this site. That is not what this site is intended for - if an attorney is eventually disciplined for something, that discipline will be visible for all to see. In the meantime, your claims are your opinion and could be considered defamation if you are unable to prove your claims.

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  • Probate of estate

    what form is used to object to a person that was named in will as executor?? also the person that died was an ex and i am still owed judgement from divorce what can i do?? it also states that i file written affidavit.. what is that and is there a ...

    Judith’s Answer

    There are strict time requirements for objecting to the allowance of a Will, and specific requirements for how this should be done. Do not be penny wise and pound foolish by trying to do this on your own. While you may think you can't afford an attorney, I would argue that you can't afford NOT to hire an attorney if you think you are entitled to assets from this estate. If you don't assert your claim properly, you are not likely to get any thing from the estate. Good luck. You can check www. naela.com for an attorney in your area.

    Judy Flynn
    Elder Law Office of Judith M. Flynn
    800 Hingham Street, Suite 111N
    Rockland, MA 02370
    781-681-6638
    www.theLegalCheckUp.com

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  • DRA act

    my father added my name to his deed of land last year. now he is sick and is going to a nursing home and has had to apply for medicaid. all he has is a car and this lot of land worth $5,500.00 will the state of indiana take this land from us both?

    Judith’s Answer

    In Massachusetts, adding your name to the deed within the five years prior to admission to seeking benefits would result in a denial of coverage for a period of time based on the value transferred to you. You may be able to "cure" the transfer (and avoid the penalty) by paying fair market value for your joint interest in the land. You need to seek guidance from an elder law attorney in your area to determine what the options are in your state. Check www.naela.com. Good luck.

    Judy Flynn
    Elder Law Office of Judith M. Flynn
    800 Hingham Street, Suite 111N
    Rockland, MA 02370
    781-681-6638
    www.theLegalCheckUp.com

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  • How can co-owned cash assets be used during a Medicaid lookback period?

    My grandmother and I are co-owners of a mutual fund account. She purchased it around March of 2005 and thought she had named me as co-owner, but truly named me as beneficiary. We caught the mistake and had my name added as joint owner about 2.5 ...

    Judith’s Answer

    I would add one important fact to the previous answers, however, and that is that it matters whether the mutual fund is held in a bank or a brokerage account. It is true that MassHealth will deem a bank account 100% to the applicant (although that presumption can be rebutted with evidence that the non-applicant joint owner actually contributed to the account). If the mutual funds are held in a brokerage account, however, MassHealth will only deem proportionate ownership to the applicant. So, if the mutual funds are in a brokerage account and owned by you and your mom, MassHealth will only deem half to her.

    The fact that she is in assisted living and your dad is still alive would indicate that they may need all of those funds for their future care, but that is not what you are asking. Good luck.

    Judy Flynn
    Elder Law Office of Judith M. Flynn
    800 Hingham Street, Suite 111N
    Rockland, MA 02370
    781-681-6638
    www.theLegalCheckUp.com

    See question