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Scott D Rosenberg

Scott Rosenberg’s Answers

616 total


  • When can an underwater condo that is part of a trust estate be turned over to the bank that holds the mortgage?

    My brother died and left his son as trustee. There is a condo not selling, and worth the same or less than the mortgage. Can the trustee let this go into foreclosure before the entire trust is used up? Ps.if you don't understand my question, ...

    Scott’s Answer

    Ordinarily, yes. However, if it violates the trust's terms the Trustee would need a court order, and of course the bank has to be willing to accept this (it's called a deed in lieu of foreclosure).

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  • What is the difference between an irrevocable trust and LLC in terms of asset protection for my parents?

    My parents are residents of Mass. They own a vacation home in Maine. They want to give/sell the vacation home to their children so that it is no longer considered their asset in the eyes of Medicare. We want to set up a separate entity to which th...

    Scott’s Answer

    Any MediCAID planning, which is what you are discussing, of this sort should be done through a qualified attorney. Ordinarily, neither of these will provide Medicaid protection because your parents would retain some form of beneficial interest. Giving away the property with no retained interest will be a completed gift whether it's an outright transfer, trust, or LLC. Ordinarily, if it's a property that they want to be retained for generations to come, a funded LLC is the best vehicle to ensure that happens. A trust is ordinarily more dependent upon a trusted third party acting as trustee to apply discretion as to who pays what and who gets to use it when. Meanwhile, an outright deeding with a retained life estate would retain some capital gains benefits, and while creating some administrative hoops to jump through, would not disqualify Medicaid benefits if the lookback period is covered. In short, it's more of an estate planning question that can only be answered by knowing your parents' specific vision for the property and certain financial details. Any qualified elder law attorney will be able to help them sort through each matter.

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  • In a probate contest, when a temporary administer is assigned by the judge, does that automatically means the estate pays the

    Temporary administrators bill?

    Scott’s Answer

    Yes, all administrator's bills and legal fees related to the administration of the state (sometimes they overlap and sometimes they don't) are payable from the probate estate. The only exception is where for estate planning reasons most of the assets are passing through trust, and the trust instrument directs those expenses to be paid for the estate, but that doesn't relieve the estate of it's inherent liability for these expenses.

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  • "If I were to bring my Trust Fund Case to court; will the court be able to control my money in question until the case is settle

    "I would require the Court to use (my) money in question to pay my rent and utility bills; will federal court or other court be able to make payments; or will I have to wait until my case is settled to a Bank Trustee; thanku; A.R. : )

    Scott’s Answer

    • Selected as best answer

    Trust fund cases ordinarily go to probate court, or in some circumstances state Superior Court. No court takes control of the trust funds, but can issue orders to the trustee about them. It would be extremely rare for the court to order specific distributions of the type you suggest, unless the issue is that these distributions are specifically required by the trust and the trustee's refusal is what is at issue. In that instance, the order is being issued as the decision in the case, not a protection while the case is pending.

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  • 'If a Certified Financial Planner;signed the signature of a prominent attorney on a Trust Fund: would the Trust Fund be invalid

    I discovered the CFP forgery before; I am in the process of hiring a forgery expert in Conn."; I want to "win my case and get an FDIC Bank Trustee for the sake of Plain Justice:! "fraudsters do not belong in our society". ar

    Scott’s Answer

    It's a matter of evidence. Trusts are not legally required to be notarized, witnessed, signed, or even in writing. If something fishy happened in the execution of the trust, it is still valid if there is proof that the document reflects the arrangement made by the settlors.

    You should consultvan experienced local trusts attorney with the full details of your circumstance.

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  • My brother and I lived with my elderly mother in her condo. She started to show signs of dementia and didn't always think proper

    My brother and I lived with my elderly mother in her condo. She started to show signs of dementia and didn't always think properly. She went to the senior services dept. of our town and got the aid of an idiot there who convinced her to throw my b...

    Scott’s Answer

    You don't have a right to live with your mother or to utilize your pooled resources with her to improve your standard of living, and ultimately it sounds like she was the one who asked you to leave, which you did. I don't see any criminal or civil remedy against a social services agency here.

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  • The Administrator of the estate of my mother and brother in law, has not submitted a final accounting. It has been over 2 year

    Recently, we found out that the Administrator took monies from the descendant while having the Power of Attorney over him. What can we do?

    Scott’s Answer

    The probate court can appoint a limited coadministrator todemand a PIA accounting of the current administrator and to attempt to retrieve anyimproper distributions from the POA. The court will almost always do this, andwouldd remove the current administrator if any impropriety was found. As attorney Weathersby notes, it would be wise to enlist the assistance of an attorney.

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  • 94 year old refuses to stay in nursing home

    Nursing home States MIL is in a sound state of mind and are going to send her home. Physically she cannot take care of herself. Are there legal procedures I can implement?

    Scott’s Answer

    The patient's bill of rights and state law prevents a nursing home from discharging a patient without a care plan that needs addressing. Ordinarily, they also have to provide you with advanced notice which allows you to appeal the decision to a state arbitrator. If you want to handle the issue more proactively, You can contact the state's office of the Long-Term Care Ombudsman to assist with the issue.

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  • What is involved in obtaining power of attorney over an elderly parent?

    My sister and I are concerned that our father is suffering from dementia or possibly Alzheimers. He has myasenthia gravis which we believe has worsened his condition. He is extremely stubborn and refuses to allow us to help in any way. He lives by...

    Scott’s Answer

    It sounds like your father lacks capacity to execute a power of attorney at this point in time, and even if that was not the case, that he would refuse to sign one, anyway. The only real option in that instance is to apply for a conservatorship with the probate court. A conservatorship is a judicially-supervised fiduciary appointment that can allow you to manage the financial affairs and public benefits (conservator of estate) and/or housing and healthcare arrangements (conservatorship of person) for you father and even over his objections. Receiving a conservatorship requires significant evidence, including medical evidence, that he is unable to manage his affairs and make adequately considered decisions. You should speak with a local elder law attorney to determine if you have a good case and what procedures a conservatorship entails.

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  • Probate Distribution Check

    The Probate Distribution Check was made payable to my ex Attorney as Trustee. She dismissed herself from my case the day after the final accounting was approved by the judge. She is saying that she is going to cash the check and take out the money...

    Scott’s Answer

    If you object she ous not allowed to do it, but she can hold the disputed amount in escrow until the amount of the fee is resolved. If the fee is properly owingiyou should have no reason to object. If you have a problem with the fee, you can work it out with her, or you can use the Connecticut Bar Association's fee resolution program, which is free.

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