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Michael P. Robinson

Michael Robinson’s Answers

23 total

  • Will i be libel for my wife's medical bills?

    My wife has Alzheimer, and will need full care very soon - If i divorce, will i be responsible for her debts - Also if i did, can i keep her on my insurance as a domestic partner?

    Michael’s Answer

    I normally don't answer a question unless I have something new to add, but I want to echo Mr. Valkenet's response. It is important that you meet with an qualified estate planning/elder law attorney as soon as possible and that you avoid taking any action until you do so. This is a complicated area of the law and you will need expert help in addressing the many issues that this situation presents.

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  • My Uncle has a savings account in trust for me. He has just entered a nursing home. Will the nursing home take the trust funds?

    Is it possible for the nursing home to take the trust fund?

    Michael’s Answer

    The nursing home will not "take" the account, but an account is considered an available resource of the owner under Medicaid eligibility rules regardless of who may be a beneficiary of the account on the owner's death. If your uncle is interested in preserving the account, as well as other assets, it is not too late to enact planning to accomplish that goal. Your uncle should consult with an attorney experienced with such planning if that is his goal, and the sooner the planning is done the more assets he will be able to preserve.

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  • How can we force a nursing home to follow the law without going to court?

    Moms Nursing home refuses to allow her pacemaker turned off even after the durable POA and HCP holder, my sister, has ordered it. Shes supported by all in the family as well as Mom's doctor from before entering the home last December 2010. We wan...

    Michael’s Answer

    Your questions raises interesting issues, and I can appreciate your frustration. I am assuming your mother is in New York State. An attorney would need to know more information in order to answer your questions, including what is your mother's mental and physical condition and did you mother execute a Living Will. Depending on your mother's state of physical health,if your mother is unable to communicate for herself and if she has communicated clearly in advance her wishes for her treatment, an attorney may be able to assist you in convincing the nursing home to follow those instructions. I advise contacting a qualified elder law attorney, and be prepared to provide specific information including copies of all current health care planning documents.

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  • A resident living in a Nursing Home long term has Dementia and the son who is POA & HCP is spending her money on himself

    She gets VA Pen and a Ford Pension along with SS. We are receiving her SS but he is spending her other income. She is Medicaid pending and per Medicaid her income is due to the facility. Can we put a freeze on her bank accounts so he can not withd...

    Michael’s Answer

    If the agent is misappropriating the principal's funds to his own purposes, he is in violation of his fiduciary duty and may be civilly liable. There also may be criminal liability. I advise consulting with an elder law attorney immediately to bring an action to revoke the agent's authority under the power of attorney and, if nececcary, to have another person appointed as guardian.

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  • Two names on savings account, one person going to nursing home. Does only half of money go to nursing home?

    My name and my 96 year old mother's name are on a savings account. If Mom needs to go to nursing home does half of money go to nursing home?

    Michael’s Answer

    When applying for Medicaid, the Department of Social Services (DSS) will count as an available resource all assets owned by the applicant, even those assets owned jointly with another person; with joint accounts, the presumption is that 100% of the account is owned by the applicant, and the applicant has the burden of proving that the other joint owner contributed to that account if that in fact is true. Medicaid eligibility is an increasingly complex area of the law, and while there is no requirement to have an attorney assist with the planning and application it is important to consult with an attorney who is expert in Medicaid planning to get the best results.

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  • How should my new husband and I write our will?

    My husband and I both live in NYS inherited a large sum of money (which is now in our joint savings) and a home from his mother upon her death. This is the home in which we both live with our individual daughters. I wanted to buy a home for oursel...

    Michael’s Answer

    Your question raises a number of issues, including but not limited to estate planning for a blended family. These issues are not simple to deal with, and you will need the advice and counsel of an experienced estate planning attorney to help you work through these matters. For example, you may decide that a lifetime trust arrangement suits your objectives better than a will. Also, you do not say how large is the sum of money you inherited, but there may be New York estate tax issues to address. I advise that you consult with an experienced estate planning attorney as soon as possible. Best of luck with your planning.

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  • My mom died how do i get her name off the house without getting a lawyer

    also the house was owned by mom and my aunt who have both died in the last 4 months how do we handle a double house to be split with 5 kids from my mom and 2 from my aunt with the will reading split equally and not to be sold so my brother is just...

    Michael’s Answer

    This sounds like a complicated situation. While I appreciate your desire to handle the situation without a lawyer, I advise that you not try to deal with the situation without expert legal advice. Although it will cost you some money, ultimately the process will be less expensive and less aggravating if you are assisted by an attorney experienced in probate and estate settlements. Whoever is nominated as Executor under your mother's will should arrange to meet such an attorney as soon as possible. If that person refuses to take action immediately, I advise that you seek an attorney to advise you on the best way to proceed.

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  • I got a life insurance check payable to the estate of my common law wife. My daughter & I need the money now. What can we do?

    My daughter and I are struggling we need this money now. what can we do?

    Michael’s Answer

    Because the check is made payable to the Estate, you will need to administer that Estate through the Surrogate's Court in the county where the decedent was a resident. Depending on how large the decedent's family is, and how cooperative they are, you may be able to get someone appointed as the Estate representative fairly quickly, and then be able to deposit that check into an Estate bank account. As to who is entitled to the life insurance proceeds, that will depend on what the decedent's will provides or, if the decedent died without a valid will, on the New York intestacy statute. I advise you contact an experienced estate planning and probate lawyer in your area as soon as possible to assist you with this matter.

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  • If a will states that her 5 children shall receive an IRA but the ira did not include the 5 children as bene, can this be corre

    Can this be fixed , taxes to one individual will be greatly affected.

    Michael’s Answer

    A will does not control the disposition of assets that have a beneficiary designation, unless the beneficiary designated is the decedent's Estate; whoever is named on the IRA account as beneficiary is entitled to that account, regardless of what the will provides. Depending on the relationship between the IRA beneficiary and the benefciaries named in the will, and depending on the intentions of those parties, there may be a way to "correct" the distribution of the proceeds. Also, depending on the remedy you may be under some time constraints. You should seek the advice of a qualified estate planning attorney to assist with this matter.

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