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Ruthann P. Lacey's Answers
- 79 Legal Answers
- 6 Legal Guides
2
Attorney answers:
My husband died with no will all accounts wete joint with the exception of one His disablity settlement
If the disability settlement is an annuity, it should name a remainder beneficiary. But if the disability settlement consists of funds in an account that is only in your husband's name, and if the doctor bills are your husband's and you have not signed documents obligating yourself personally to pay them, one option is to file a Petition for Year's Support. Under a PYS you, as the surviving spouse, along with any minor children your husband had, ask the Court to enter an order giving the...
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1
Attorney answers:
Well motherlaw pastaway last month the medicad sent a letter to my wife said that we had 200,000 dollars back . but do we.
Georgia Medicaid has an Estate Recovery program under which the care provided to your mother in law by Medicaid during her lifme is repaid to Medicaid from her estate at her death. Typically the asset with the most value that may be in that estate is the house, though if she had an annuity or retirement account or life insurance then Medicaid may take steps to recover against those assets as well. I encourage you to meet with an experienced Elder Law Attorney to determine how this Estate...
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2
Attorney answers:
What does it mean to serve without bond regarding a will in probate?
If the Will relieved the Executor of posting bond and filing reports then he is not required to be bonded or to provide accountings to the Court. However, a wise Executor will communicate with the beneficiaries and let them know the status of the estate. Under the law the Executor has six months to determine what the estate assets and liabilities are. If it has been more than six months since the Letters Testamentary were issued to the Executor then you may want to ask the Executor, in a...
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3
Attorney answers:
Trouble with SSA regarding trust
Special Needs Trusts are great tools that, when drafted and administered properly, allow for individuals like yourself to become or remain eligible for SSI and Medicaid benefits. However, SNTs are not well understood by many Social Security caseworkers. If the caseworker has denied your benefits because you have the SNT then you should immediately appeal that denial in writing; you have a limited amount of time to do this. You can also engage an attorney who does a lot of Social Security...
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4
Attorney answers:
Intestate succession laws?
Under Georgia intestacy law you are not an heir at law if you are not a blood or adopted grandchild of the woman you believe to be your grandmother. This is a sad and unfortunate situation. As another attorney responding to your question said, this is one reason it is so important that people have a well drafted will in place at their passing.
4 lawyers agreed with this answer
3
Attorney answers:
Can a person receive Medicare without receiving any type of Social Security assistance.
Medicare is available to individuals who are 65 years of age or older, or to individuals who have been determined by the Social Security Administration to have been disabled for 2 years or longer. As you meet neither criteria you are not yet eligible for Medicare benefits. I recommend you discuss this issue with someone knowledgable in your employer's Human Resources department to get this issue resolved.
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4
Attorney answers:
I have 'Durable P.O.A.' & sole beneficiary of his VA ins.; does his adoptive daughter take precidence over that?
My condolences on the passing of your friend. The Power of Attorney that Bob gave you ended at his death. If there are assets in Bob's name that don't have a joint owner or beneficiary designation then an estate will need to be opened to administer those assets. If Bob had a Will then he has named the person he wants to serve as Executor; if he didn't have a Will then it will be necessary for someone (you, the daughter, or someone else) to file a Petiiton for Letters of Administration with...
3 lawyers agreed with this answer
4
Attorney answers:
Is the nursing home or medicaid able to take a persons social security money and the persons pension? or just social security?
If your grandmother is not married, then all of her income less $50 / month for her personal needs allowance will be spent toward her medical expenses. That may include health insurance premiums as well as the cost of her nursing home care. if she is married then some of her income may be used to support her spouse. You should not need to be appointed her guardian for the sole purpose of applying for Medicaid benefits; however, if you have no other way to make medical decisions fo her, or to...
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3
Attorney answers:
How to have a family member declared incompetent
While Guardianship and Conservatorship should always be a "last resort," it sounds like they may be appropriate in this situation. If your family member lacks the capacity to make or communication significant responsible decisions concerning her health and safety and concerning the management of her property, then it may be appropriate to file a Petition for Guardianship and Conservatorship with the Probate Court in the county where she resides. There is some good information about...
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3
Attorney answers:
Question about losing SS benifits if I get married
As you were disabled before you were 22, and you say your mother is disabled, you may be receiving SSDI benefits (along with Medicare after 2 years) on your mother's record. If you marry you would lose that SSDI benefit and the Medicare that goes with it. If you are also eligible for SSI and the automatic Medicaid that it brings, marriage alone would not cause that benefit to go away. However, as others have noted, because SSI and Medicaid are "means tested," if the two of you together have...
2 lawyers agreed with this answer