Gary Bruce Garland’s Answers

Gary Bruce Garland

Englishtown Elder Law Attorney.

Contributor Level 11
  1. How are wills handled if there are intestate?

    Answered about 1 year ago.

    1. Gary Bruce Garland
    2. Christopher Jon Finley
    3. Charles Adam Shultz
    4. Fredrick P Niemann
    4 lawyer answers

    The wording of your question wasn't clear. I believe you're saying the person died without a will (intestate). You said something about "will was written on after they died" - do you mean there were scribbles or notations on a properly executed will, or some form of will was written after the decedent died (and then of course not executed?) The intestecy statute talks about how to distribute property if there's no will, or if it is not disposed of in a will. it generally goes to the nearest...

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  2. Want to be removed from will

    Answered almost 2 years ago.

    1. Gary Bruce Garland
    2. Carl G. Archer
    3. Nicholas Anthony Giuditta III
    4. Steven Todd Keppler
    4 lawyer answers

    you can disclaim within 9 months and the property will go to wherever it says in the will had you predeceased your uncle. you can't disclaim and then direct the property to charity or anywhere else - with a disclaimer, you essentially predeceased the distribution. unless the will says it goes to charity if you predecease, the only way to make it happen would be to stick around to the bitter end, get the house, and then donate.

    10 lawyers agreed with this answer

  3. Besides personal care contract, are there other ways (non-realestate) to spend down folks funds without Medicaid penalty?

    Answered over 1 year ago.

    1. Gary Bruce Garland
    2. Lawrence A Friedman
    3. Kelly Scott Davis
    3 lawyer answers

    Anything spent on the Elder for their benefit at fair market value is an exempt transfer. If you're trying to go the Medicaid route alone you may be in for a world of pain - I highly recommend you contact me or a peer which can save you significant money - there is a reason they call it the "Medicaid Maze" If you nee someone local to Atlantic City, then Michael Weinraub is an excellent attorney, though I'd like to think I'm "up there" as well. Good luck!

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  4. I am poa on dads bank statement , can I use his money for elder care lawyer to help him with nursing home papers or medicare

    Answered over 1 year ago.

    1. Gary Bruce Garland
    2. Leonard Roy Boyer
    3. Craig Bernard Mitchell
    3 lawyer answers

    You CAN use the money in te account as you described. The issue becomes, however, how your lawyer can move assets or do anything without a durable POA - if dad is not competent it sounds like you will need a guardianship to plan ad apply for medicaid. Feel free to call my office to discuss.

    9 lawyers agreed with this answer

  5. What is the best option for an 84 year old with assets of about $850K in NYC to minimize her estate and our inheritance taxes?

    Answered about 1 year ago.

    1. Gary Bruce Garland
    2. Steven M Zelinger
    3. John P Corrigan
    3 lawyer answers

    Continue to reside in NY! No inheritance tax, and below state estate tax exemption. Problem solved.

    8 lawyers agreed with this answer

  6. Is there something I can do to avoid NJ estate tax

    Answered 9 months ago.

    1. Gary Bruce Garland
    2. Neel G Shah
    3. Jerry E Shiles
    3 lawyer answers

    Hire a qualified attorney. You're not likely to get specific legal advice dealing with significant issues here gratis - the lawyer faces potential liability on the answer. There may be various ways to reduce or eliminate the taxes (yes, plural). Good luck.

    7 lawyers agreed with this answer

  7. Is there any recourse toward someone who may have filed a caveat with probate court?

    Answered almost 2 years ago.

    1. Gary Bruce Garland
    2. Lawrence A Friedman
    3. Steven J. Fromm
    4. Nicholas Anthony Giuditta III
    4 lawyer answers

    Generally, you file a caveat without an explanation which stops the probate in its tracks. either you or the other side then brings an action - you to remove the caveat, or the other side to expalin their claim. we'd be happy to help - feel free to call us at (732) 972-6700

    7 lawyers agreed with this answer

  8. Is the settlement of a car accident suppose to be devided up between the siblings, even if they were not named in the will.

    Answered over 2 years ago.

    1. Gary Bruce Garland
    2. Stuart M Nachbar
    3. John George Ducey
    4. Timothy Edward Kalamaros
    5. Benjamin M Pinczewski
    6. ···
    7 lawyer answers

    The proceeds are an asset like any other (bank account, house) that didn't have a joint owner or beneficiary designation. if you are truly the sole beneficiary, you get the money - if the will directs it (or assets in general elsewhere) it then follows the will.

    7 lawyers agreed with this answer

  9. Will monetary gifts have to be returned if aging parent enters a nursing home?

    Answered 10 months ago.

    1. Gary Bruce Garland
    2. David L. Carrier
    3. Lawrence A Friedman
    4. Michael A Kirtland
    5. Curtis James Romanowski
    6. ···
    7 lawyer answers

    Briefly, gifts made more than 60 months ago are not counted (so no issue) - gifts within 60 months are within a penalty period, and the penalty is not $40,000 of gifts = $40,000 of no Medicaid, but instead it is $40,000 gifted within 5 years creates an amount of time for which Medicaid will refuse to pay. It may pay to return the gifts. It may pay to apply and accept the penalty. This stuff is not for the faint of heart and I URGE YOU to consult with a knowledgeable elder law attorney before...

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  10. In his will my husband left me his share of a house he owned with his sister. I just learned he sold his interest to her for $1.

    Answered 9 months ago.

    1. Gary Bruce Garland
    2. Lawrence A Friedman
    3. Brad Michael Micklin
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    As the surviving spouse you are able to "elect" against his "augmented estate" - generally it's about 1/3 of what he had during the marriage. there should be little difficulty going against his sister to claim your portion of what he owned, unless what you received of joint assets is more than 1/3 - this is general advice/info - you'll need to see an attorney to really nail it down.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

732-972-6700