Jeffrey A. Marshall’s Answers

Jeffrey A. Marshall

Williamsport Elder Law Attorney.

Contributor Level 9
  1. Can my 87 yr old mom be forced to sell the home she lives in with her 50 yr old daughter if nursing home costs exceed insurance?

    Answered over 4 years ago.

    1. Noreen A. Murphy
    2. Jeffrey A. Marshall
    3. Jonas A Jacobson
    4. Susan Michals King
    4 lawyer answers

    A nursing home can't "go after" a person's home or other assets. The way it works is that when a person goes into a nursing home they have to pay for the cost of their care. Most private insurance (except special long term care insurance) have limited or no nursing home benefits. Medicare has very limited nursing home benefits. So, your mother would need to find some way to pay for the cost of her care. Most people in nursing homes eventually qualify for Medicaid assistance to pay for that...

    1 lawyer agreed with this answer

    3 people marked this answer as helpful

  2. Who Pays Funeral Expenses

    Answered over 3 years ago.

    1. Jeffrey A. Marshall
    2. Alan James Brinkmeier
    2 lawyer answers

    Generally, your brother's estate would have primary responsibility for his debts, including his funeral costs. However, if his wife or someone else in the family signed a contract with the funeral home agreeing to pay for these expenses, they are liable as well, especially if your brother's estate is inadequate to pay. The surviving spouse would generally not be liable for the funeral expenses unless she signed an agreement to be held responsible for them. If she did sign such an agreement...

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  3. My mother has dementia and recently entered a nursing home. Her will in 2006 made me executor and gave me POA.

    Answered over 3 years ago.

    1. Steven J. Fromm
    2. Jeffrey A. Marshall
    2 lawyer answers

    This is not an unusual scenario. You should retain the services of a lawyer licensed in Pennsylvania who is experienced in handling contested guardianship actions. Try to find one in the county where your mother resides. A contested guardianship can be a nasty business, and expensive, so get good advice and consider your options carefully before you proceed. in addition (or in the alternative) If you believe your mother is being financially or physically abused you can report the matter to...

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  4. What is a reasonable rate for an elder law attorney to charge when acting as the trustee of a special needs trust?

    Answered over 4 years ago.

    1. Jeffrey A. Marshall
    2. Glenn A Jarrett
    2 lawyer answers

    I have charged an annual fee of 1% of the value of the assets under management for serving as trustee. An hourly rate for serving as trustee might also make sense. However, you might want to consider hiring a professional care manager for day to day needs. The care manager will likely be able to provide the services you need at a much lower cost than the lawyer. I am licensed to practice law in Pennsylvania. This communication is not intended to be legal advice and no attorney client...

    2 lawyers agreed with this answer

  5. What companies offer Medicaid qualified DRA compliant annuities for PA residents? Can I purchase one or do I need a lawyer?

    Answered over 3 years ago.

    1. Steven J. Fromm
    2. Jeffrey A. Marshall
    3. Jerry E Shiles
    3 lawyer answers

    A Pennsylvania Company that offers DRA compliant annuities is Pennsylvania Care Management. Its web address is www.paannuity.com. It specializes in DRA annuities for residents of Pennsylvania. (The rules vary from state to state) Check out its website for more information. DRA annuities are a wonderful planning tool in the right situation. But you definitely need an experienced elder law attorney who knows the ins and outs of Medicaid Planning to help you through the process. Be very...

  6. Marcellus Shale question

    Answered about 4 years ago.

    1. Jeffrey A. Marshall
    2. Robert A House
    2 lawyer answers

    Assuming you have a fairly typical situation involving a few hundred acres, you might expect to pay $1,000 to $4,000 to have a lawyer negotiate an appropriate addendum for your lease. Make certain you retain a lawyer who does a ton of this type of work. Some lawyers will work with you via telephone, fax and e-mail so distance is not much of a factor. But you will need a lawyer licensed to practice in the state where your land is. If you have a significant gas interest, you might want to...

  7. My father wants to transfer all his assets into my name to qualify for Medicaid in five years. Is that the best thing to do?

    Answered over 3 years ago.

    1. Cheryl K. David
    2. Sabrina Winters
    3. Jeffrey A. Marshall
    4. Alexandria Broughton Skinner
    4 lawyer answers

    One very useful Medicaid planning technique involves the creation of an irrevocable Medicaid Asset Protection Trust. With this type of trust one person or a married couple (called the settlor, or grantor) transfers some type of property to another person (called the trustee) to hold and manage for the benefit of one or more individuals (called the beneficiaries). Example: Bill and Betty have savings and investments of $300,000, mostly from the recent sale of their home. They currently...

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  8. As a beneficiary do you have to accept a will or trust?

    Answered over 3 years ago.

    1. Frederick D Williams
    2. Suzanne Benvenuto Simpson
    3. Paul A. Smolinski
    4. Jeffrey A. Marshall
    5. Steven J. Fromm
    5 lawyer answers

    Be careful if you are getting getting public benefits (e.g. SSI, or Medicaid long term care benefits). Declining (disclaiming) a bequest from an estate or trust may cause you to lose your benefits. Check with a certified elder law attorney or other attorney in your state who is experienced in public benefit issues if you are in this situation. Legal disclaimer: Please note: Jeffrey A. Marshall is licensed to practice law in Pennsylvania. Nothing in this article is to be taken as legal...

    1 lawyer agreed with this answer

  9. Is there a way to keep an assisted care home from taking all my mother-in-law's assets before relying on Medicare?

    Answered over 4 years ago.

    1. Jeffrey A. Marshall
    2. Walter Chester Zaremba
    3. Henry C. Weatherby
    3 lawyer answers

    I agree with the prior answer about the importance of consulting a qualified elder law attorney in the state in which your mother resides. A list of certified elder law attorneys in each state is available at the website - www.nelf.org. If your mother is a veteran or the widow of a veteran, she may be able to qualify for Veteran's pension benefits. Veteran's pension benefits are often overlooked and can amount to well over a thousand dollars a month, depending on your mother's financial...

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  10. An "Elder Law" predatory lawyer moved to town whose own elderly father sued him over 790k in Trust assets. How can I stop him?

    Answered about 4 years ago.

    1. Arthur Harold Geffen
    2. Jeffrey A. Marshall
    3. Geraldine Anne Brown
    3 lawyer answers

    Recognizing that there may be two sides to this story, it is possible that this lawyer has acted both unethically and negligently. If he acted unethically, you can file an ethics complaint against him with the Texas State Bar (the statewide lawyer organization). You can all the State Bar of Texas, Client Assistance and Grievance committee at (800)932-1900. If you mother was damaged because the lawyer did not act appropriately with her case, you can sue him. You will need to hire...

    1 person marked this answer as helpful