Evan H Farr’s Answers

Evan H Farr

Fairfax Elder Law Attorney.

Contributor Level 14
  1. My mother left her house directly to me in her will. How do i get a new deed in my name. I can't sell it without it.

    Answered over 2 years ago.

    1. Evan H Farr
    2. James P. Frederick
    3. Eric Jerome Gold
    3 lawyer answers

    Your lawyer is correct and trying to save you money. A recorded Will acts as a Deed in VA. To transfer the house you do not need a deed. However, you might need one to get a mortgage bc mortgage companies don't understand VA law. The Deed you would get is called a Deed of Confirmation and your lawyer should be able to draw it up.

    12 lawyers agreed with this answer

  2. What are the pros and cons of a Testamentary Trust?

    Answered 10 months ago.

    1. Evan H Farr
    2. Rebecca Lynne Evans
    3. Steven M Zelinger
    4. George Francis Reilly
    5. Jamie Leigh Jordan
    6. ···
    6 lawyer answers

    Using a Will in Virginia will force your estate through the nightmare of probate. A testamentary trust in Virginia will disastrously prolong the nightmare of probate bc probate will continue every year for the duration of the testamentary trust. The attorney who recommended the revocable living trust is 100% correct. The only people who benefit from testamentary trusts are the attorneys who take these estates and testamentary trusts through the probate nightmare.

    9 lawyers agreed with this answer

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  3. Mom in nursing home, if she goes from private pay to medicaid but they don't have any medicaid beds left, can they kick her out?

    Answered about 2 months ago.

    1. Evan H Farr
    2. Ross Cameron Hart
    3. David L. Carrier
    3 lawyer answers

    No. They can not legally discharge your mom if she goes from private pay to Medicaid so long as the facility accepts Medicaid. A discharge for this reason would violate federal and state law. The facility may tell you they don't have an available Medicaid bed, but that makes no difference. As you have heard, they can always convert additional beds to Medicaid beds at any time. That being said, dealing with nursing homes and getting them to follow the law can be a herculean effort, and...

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  4. Who will get heirs portion of estate if they pass away?

    Answered about 1 month ago.

    1. Evan H Farr
    2. James Hill Wilson Jr.
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    It is impossible to give you any information in this situation without seeing the actual documentation, and knowing how your father's assets were titled prior to his death. You have made several contradictory statements in your question, which make it clear that you do not have an adequate understanding of your father's estate or how it is set up. It is not clear whether your father had a living trust prepared during his life, and if so whether it was funded. It is not clear whether your...

    9 lawyers agreed with this answer

  5. Can a wife access a checking account that is only in her husbands name? Her name is beneficiary only?

    Answered 4 months ago.

    1. Evan H Farr
    2. Lawrence A Friedman
    3. Jonathan Nicholas Francis
    4. James Gregory Las Cola
    4 lawyer answers

    You mention wanting to protect your assets for your only daughter. The biggest risk to your assets is that you or your husband have a high probability of ending up in a nursing home, which can cause catastrophic expenses that will completely drain your estate. To protect against this risk, you and your husband need to consider doing Medicaid asset protection. If you are over 65 and still relatively healthy, a Medicaid asset protection trust might be the appropriate document for you to have...

    9 lawyers agreed with this answer

  6. Is there a limit on how much a person can spend on a lawyer to deside how much each person gets from a home sale?

    Answered about 2 months ago.

    1. Evan H Farr
    2. Ross Cameron Hart
    3. Michael S. Haber
    3 lawyer answers

    No one can force another person to pay legal fees. Only a judge in a proper legal proceeding can force a party to the proceeding to pay the legal fees incurred by another party. In the situation you have described it, it seems pretty clear that a partition lawsuit will need to be filed by one of the three co-owners, as the three of you seem to be unable to agree on anything. A Commissioner may then be appointed to review the facts of the entire situation and advice the judge how to allocate...

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  7. My mom has her few assets in an "estate". She needs to go into assisted living. Can they take her "estate" for payment?

    Answered almost 2 years ago.

    1. Geneva Nicole Perry
    2. Evan H Farr
    3. Kelly Scott Davis
    4. James P. Frederick
    4 lawyer answers

    Estate Planning does not protect assets at all. To protect assets in connection with your mother's long-term care needs, including the future costs of nursing home care, you need to work with a qualified Elder Law attorney to do asset protection planning. Our firm works statewide and would be happy to assist you. We offer a free initial consultation in person or by phone. Feel free to call us at 1-800-399-FARR.

    8 lawyers agreed with this answer

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  8. My mother is in a nursing home . They want a copy of the deed to her house and other paper work. can they take her house.

    Answered 11 months ago.

    1. Evan H Farr
    2. David Ian Schoen
    3. Jody R. Pollara
    4. Jay B. Shuster
    5. Michael Leo Potter
    5 lawyer answers

    i have modified your question to appear in the proper subject areas -- Elder Law and Medicaid. The nursing home would not be submitting asset information to Medicare, but rather to Medicaid. The goal is to get Medicaid to pay for your mother's nursing home care. However, no one should ever rely on a nursing home to apply for Medicaid, as the nursing home people are not Medicaid experts. I suggest you contact an experienced Elder Law Attorney to determine your rights and your mother's rights,...

    10 lawyers agreed with this answer

  9. Can I file a statement of accounts in lieu of accounting if I have to obtain a Estate Tax ID number?

    Answered 4 months ago.

    1. Evan H Farr
    2. Ross Cameron Hart
    3. Shelley Ann Elder
    3 lawyer answers

    You cannot file a Statement in Lieu because there are other beneficiaries of the estate. A Statement in Lieu would only be available If you were the sole beneficiary of the estate. It has nothing to do with whether or not the estate requires an EIN.

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  10. When property passes to siblings under a Will, how is title deemed held, tenants in common or joint tentans?

    Answered about 2 years ago.

    1. Evan H Farr
    2. Matthew Erik Johnson
    3. James P. Frederick
    3 lawyer answers

    With all due respect, neither of the other two answers already given are responsive to the question. The Testator in question has clearly already died because the questioner states that the Will was probated. And whether the estate is open of closed makes no difference. The correct answer is this: once the Will was probated (with a Real Estate Affidavit/List of Heirs presumably recorded along with the Will), the real estate immediately dropped like a rock to the 3 of you children as heirs of...

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