Scott D Rosenberg’s Answers

Scott D Rosenberg

New Haven Elder Law Attorney.

Contributor Level 15
  1. If some one has a life estate and and has to be placed in a nursing home, must the property be sold to pay for the care.

    Answered over 1 year ago.

    1. Emily Towne McNeil
    2. Scott D Rosenberg
    3. E. Alexandra Golden
    4. Jefferson W. Boone
    5. Jennifer A Deland
    6. ···
    7 lawyer answers

    On a strictly legal level, a life estate is a possessory interest which, while it is a form of partial ownership, is not one with any permanence or real value on the open market. MassHealth cannot force a sale or place a lien on the property, but if it is rented out on mom's behalf, the profits must be paid over or else a disqualification will be triggered if discovered. However, most times elder law attorneys get asked this question, the underlying situation is that at some point in the...

    14 lawyers agreed with this answer

  2. Is a ma. life estate irrevocable ? what is the look back period on a ma. life estate ?

    Answered over 1 year ago.

    1. Scott D Rosenberg
    2. Denise Leydon Harvey
    3. Michael J. Tobin
    4. Emma A. Kremer
    5. Edward H Adamsky
    5 lawyer answers

    Normally, when you have a life estate in real property, it is because you owned it all at one point, and then seeded the rest of your ownership interest away. It's not a conversion of how you own the property; its just a gift (or less commonly, sale) of part of what you own. So, if you can get the person you seeded it to to deed it back, you will again own the property outright.

    12 lawyers agreed with this answer

  3. How can you legally be a resident of two states? I live in MA but own property in another state.

    Answered over 1 year ago.

    1. Scott D Rosenberg
    2. Charles Adam Shultz
    3. Matthew Erik Johnson
    3 lawyer answers

    You generally do not have to have multiple powers of attorney in place so that a person may act in multiple states. Most states provide that a power of attorney drafted and executed out-of-state is valid for them if it was valid where it was drafted, including MA. However, a few states (namely Florida), require a power of attorney to be filed with the county clerk's office. As MA is so flexible I'd have the attorney make sure it complies with the laws of the other state where you own land....

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  4. Elder Law/My parents asssets/nursing home

    Answered over 1 year ago.

    1. E. Alexandra Golden
    2. Emma A. Kremer
    3. Scott D Rosenberg
    4. Kelly Scott Davis
    5. Joseph L. Morana
    5 lawyer answers

    Most of this property, if not all, can be kept aside so long as your mother isn't also receiving MassHealth-subsidized services herself, particularly long-term care. But as with your father, any gifting on her end will cause penalties if she comes to need such care in the next five years. You should really sit down to discuss this situation with an experienced local elder law attorney to engage in the proper planning on both ends. There are many subtleties to the beauracracy involved - and...

    11 lawyers agreed with this answer

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  5. Why do some homeowners sign there home over to another person for a dollar

    Answered over 1 year ago.

    1. Scott D Rosenberg
    2. E. Alexandra Golden
    3. Joseph Franklin Pippen Jr.
    4. James C. Higgs
    5. James P. Frederick
    6. ···
    7 lawyer answers

    Bluntly, it's generally because they think its a good idea, even though it's almost always not. It's an easy way to make a gift and avoid probate, but it almost always goes together with unexpected taxes a few years down the road, possible hot water with the IRS for reporting violations, and possible denial for paid nursing home care. Because of this, if it is something you are considering, go to a professional elder law attorney for the deed. They at least will have the background to advise...

    11 lawyers agreed with this answer

  6. I took FMLA to care for my dying mother. My brother did not. Can I be reimbursed lost wages from her estate?

    Answered about 1 year ago.

    1. Scott D Rosenberg
    2. Steven Kelsey Hemingway
    3. James P. Frederick
    3 lawyer answers

    Reading in a bit, I will assume you did not discuss compensation with your mother, and that when you suggest your brother should pay you your lost wages you mean as executor of your mother's estate and not from his own pockets. In that instance, the best answer is "a little of column A, a little of column B." You can submit a bill to the executor, and the executor has the right to accept it or deny it, and either decision can be appealed to the judge. If there's no contract, you are on...

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  7. I used my Durable Power of Attorney to close bank account to protect Mother diagnosed w/Alzheimer's assets from a sibling...

    Answered over 1 year ago.

    1. James P. Frederick
    2. Scott D Rosenberg
    3. Denise Leydon Harvey
    4. Thomas J Callahan
    4 lawyer answers

    The track you are on seems to be the right one. Your best bet is to continue on it with an experienced Florida elder law attorney to handle the conservatorship hearing.

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. I have questions regarding the laws in Ma. about your elderly parents.

    Answered about 2 years ago.

    1. Scott D Rosenberg
    2. Lawrence A Friedman
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I'm sorry you find yourselves in this situation. My best response is that no, you would not be responsible for problems arising out of the current situation. The MA elder abuse & neglect law, which I've linked to below, can get complicated as to who can be held responsible, but generally it is directed only against relatives who are "providing primary and substantial assistance," such that a stopping what they're doing would automatically have an adverse impact on the person's care. In the...

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  9. I have accidentally shredded an original irrevocable trust document that belonged to my dad. Is a copy at the court house?

    Answered 10 months ago.

    1. Scott D Rosenberg
    2. E. Alexandra Golden
    3. Clarence Darrow Richardson Jr.
    3 lawyer answers

    There is no legal requirement that a trust be in writing, let alone witnessed/notarized, so the loss of the original document shouldn't cause too much trouble if you can find a copy. The current trustee and the drafting attorney, if you know who either is, should definitely have copies. Other beneficiaries may have copies. The trust will be on file with the Probate and Family court only if it was a testamentary trust or there have been accountings/litigation on it. Additionally, if the...

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  10. My 10yr old step daughter stole jewelry from me. Her mother knows she did it and is letting her keep it. Can charges be filed?

    Answered 11 months ago.

    1. Scott D Rosenberg
    2. Peggy Margaret Raddatz
    3. Henry Lebensbaum
    3 lawyer answers

    The greatest challenge of marrying someone with children this age is the mandate to form a loving relationship with someone who doesn't have a context for you, probably resents you, and likely will act out towards you, and to continue serving parent and role model despite not having a co-equal voice in parenting decisions. It seems most likely that this scenario is the basis for your missing jewelery. Strictly speaking, the police and court clerks can't refuse to take your police report or...

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