Carl G. Archer’s Answers

Carl G. Archer

Trenton Elder Law Attorney.

Contributor Level 12
  1. How do we research an elder care attorney?

    Answered over 1 year ago.

    1. Carl G. Archer
    2. Amy S Mac Isaac
    3. Kelly Scott Davis
    4. Douglass S Lodmell
    5. Lawrence A Friedman
    5 lawyer answers

    Going on the NAELA website and seeing if they're a member is a pretty good indication of whether the attorney is serious about elder law. You can also use the attorney's website and other search tools. Ultimately, your gut feeling about an attorney is going to be very valuable as to whether it's the right fit. You absolutely must trust the attorney you're working with, because they are going to be a part of your family's life for a good long time. Many attorneys, myself included, will happily...

    8 lawyers agreed with this answer

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  2. My mother is in a NJ nursing home I am on SSI. I can handle my own money. Can she gift me her estate now without penalty?

    Answered over 1 year ago.

    1. Carl G. Archer
    2. Michael Leo Potter
    3. Kelly Scott Davis
    4. Martin L Bearg
    4 lawyer answers

    If you're on SSI because of low income, and you're not disabled, Mom probably can't make that transfer to you without some Medicaid ramifications. That might not be her main concern, though. If you're talking about a penalty due to SSI I would imagine a gift would likely take you off of SSI for the foreseeable future. If you and/or Mom want to talk about it, many elder law and estate planning attorneys wouldn't mind making a house call. Feel free to look one up and give one a call. I'm...

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  3. Is it necessary to amend the bankruptcy schedule to list any new debts incurred during bankruptcy and before the case was final?

    Answered over 2 years ago.

    1. Carl G. Archer
    2. Steven Anderson Leahy
    3. Gary D. Bollinger
    4. William James Waters
    4 lawyer answers

    No. Just be aware that any debts incurred post petition will not be discharged.

    8 lawyers agreed with this answer

  4. My brother and I are co-executors on my mother's will. My brother refuses to probate the will unless I agee not to use a lawyer

    Answered over 1 year ago.

    1. Carl G. Archer
    2. Steven Todd Keppler
    3. Steven M Zelinger
    4. Michael P Hrycak Esq.
    5. Nicholas Anthony Giuditta III
    5 lawyer answers

    Both of you have a fiduciary duty to the estate not to waste its assets, and the main issues are 1) additional expense to the estate through a bond, if one was issued; and 2) waste to the estate through additional carrying expenses for the home and so on. There isn't necessarily a maximum time to probate the will but the above guidelines are taken seriously. You may be able to reimburse yourself for some of those expenses, but it depends on who's been living in the house and how one or both...

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  5. What can i do if my aunt who lives in florida refuses to pay for her nursing care.

    Answered over 1 year ago.

    1. Carl G. Archer
    2. Lawrence A Friedman
    3. Hollyn June Foster
    4. Joseph William Lehn
    4 lawyer answers

    Your dad needs to talk to an attorney down in FL. We can't do much for her up in NJ. There's got to be more to it than what you're saying. If she is denying the existence of an account when she knows it's there, there might be something more serious going on that would necessitate a guardianship or something similar.

    7 lawyers agreed with this answer

  6. Want to be removed from will

    Answered over 1 year ago.

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

    Gary's right. The legal mechanism is deceptively simple. Your goal here is to avoid the "infighting" and have nothing to do with the inheritance, but if you disclaim you will in effect be directing where it ends up. It seems to me you may benefit from consulting with a local attorney who can help you do the disclaimer and give you some strategic advice. I normally recommend that people talk to the Surrogate's Office, but your question is more complicated than a simple form and they either...

    7 lawyers agreed with this answer

  7. My father receives medicaid. Just sold his house.. My brother, father and deceased mother are on the deed.

    Answered almost 2 years ago.

    1. Carl G. Archer
    2. Lawrence A Friedman
    3. Nicholas Anthony Giuditta III
    4. James P. Frederick
    4 lawyer answers

    The short answer is: the money will probably need to be spent on your father's care, or something similar. The exact mechanics of that spending are important, as are the things that you spend it on. You really should talk to an elder law attorney to make sure you handle this correctly, as his Medicaid eligibility could be jeopardized otherwise. And at $10,000 a month for nursing home care, that's not something you want to trifle with. The elder law attorney might charge a little bit of money...

    7 lawyers agreed with this answer

  8. Chapter 7 Valuation of Home

    Answered over 2 years ago.

    1. Carl G. Archer
    2. Gary Alan Armstrong
    3. Steven Anderson Leahy
    4. Mitchell Paul Goldstein
    5. Karina Pia Lucid Esq.
    5 lawyer answers

    I agree with the prior attorney's answer, but I would just add it may be worth trying to find out if it's not too late to move to a Chapter 13 bankruptcy if you want to keep the home.

    7 lawyers agreed with this answer

  9. How can I protect my assets from medicaid?

    Answered almost 2 years ago.

    1. Carl G. Archer
    2. Lawrence A Friedman
    3. Richard Albert Luthmann
    3 lawyer answers

    It's not really possible to give you a helpful answer on this without going through your assets and your plans in some detail, but in general: Medicaid counts certain assets in its determination of what you have for purposes of qualifying for services. Other assets are noncountable. Medicaid planning is a dance, converting countable assets to noncountable assets while making sure you have money to keep yourself afloat in the meantime. I'm inclined to agree without even seeing everything that "...

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  10. WHAT CAN I DO FOR MY MOTHER SO THAT THE NURSING HOME DOEST GET ALL HER ASSERTS

    Answered over 1 year ago.

    1. James Edward Gau II
    2. Carl G. Archer
    3. Steven M Zelinger
    4. Lawrence A Friedman
    5. John Arthur Daniels
    6. ···
    6 lawyer answers

    Tough to tell from here what can be done for your mother, but an attorney can certainly help. Get yourself to see one right away. They should be able to help you sort out what you can keep and what you have to get rid of.

    6 lawyers agreed with this answer

Give me a call. I'd be happy to talk to you to discuss your legal issue.

609-842-9200