My mother, also my 'representative payee payee' recently had to move into a nursing care home, and they are telling me she can no longer be involved with the direct deposit joint account for my SS checks because of some policy of theirs. They are ...
No one is trying to "sting" you - the fact is, if the account is joint then it is also an asset of your mom's. I am presuming, since they are asking, that she is in the nursing home but it is being paid for by Medicaid. If that is so, they have a responsibility to see who the assets really belong to and use that to determine her eligibility. For example, if the account is a commingled account with her and your monies, they will presume that she had the right and ability to use all the monies in the account, at will. They CAN (and will) include it as hers because, if it is truly a joint account, it effectively IS hers. Move your SS checks into another account. Problem solved.See question
I live in SC .the executor of my late father who resides in NC is sueing me for an IRA that I am point of death on and monies owed..... Please help I don't know what to do
OK. Unless the probate laws of succession are vastly different in NC from SC, the IRA, if properly naming you as the beneficiary (not sure what you mean by "point of death on"), that should not be part of the probate estate. I would do as my colleague has stated and have a probate attorney review both the IRA agreement and the complaint. If you don't know of one in your area, you might try contacting Deidre W. Edmonds who has a law firm there. She is a former probate court judge.See question
I am already moms POA, but SSA doesn't accept them, I am her contractual care giver with family members and they allow me to be paid, since I quit my job to care for her. I pay all her bills and care for her 24-7
Why do you ask? A lot depends upon how much (and what type) of care your mother needs. Is she capable of handling her own finances? If so, then it is probably not necessary. However, if she is not competent with money, then it should be a question that she brings up with SSA. Note that they pay a great deal of attention to ANY issues, even innocent ones, that may look like fraud. So, if you DO take on the role as Rep Payee - keep EVERY receipt and NEVER commingle the funds with your own.See question
Father recently passed. Need to find out if there's any assets I'm entitled to. Haven't had contact with him in over 40 years. Found out at the funeral he had a business, owned property, and had life insurance.
Before you spend any money on a probate attorney, you should find out two things; 1) did he leave a will? and, 2) are you named in the will? Since you are no longer a minor child of his, if he resided in FL, he can disinherit you. If there is no will, you MAY receive part of the estate by FL's intestate succession. The probate court in the county in which your father resided SHOULD have a copy of his will (if it was properly filed) or can tell you if a probate has been filed for his estate.See question
I am looking to open a probate case up. Where do I send a filing?
As Attorney Foster has correctly stated, depending on the value of the estate, the length of time since the decedent passed, and the absence of creditors or other heirs, you will, by Florida Law, HAVE to hire an attorney to file this for you. That attorney will be able to determine the correct jurisdiction for filing the probate pleadings.See question
My grandfather just recently passed away. He collected SSI. As selfish as this sounds, I would like to keep his benefits. Since he got his check on the first for $733, I'm going to take it out of his account. I got his death certificate, citizens...
You can't. It would be considered fraud if you continue to accept and cash ANY of his SSI checks. Inform the SSA of his demise. There was recent news here in FL about the legal battles a woman ran up against that did what you are proposing. She is now in jail and has to repay the SSA for amounts fraudulently obtained. Not good.See question
I own a company that offers an employee savings account where the employee can earn 3% non fdic insured. The employee died. If I am presented with a death certificate can I release the funds over to the next of kin? What documentation do I need to...
NO! Unless you KNOW that there are no other beneficiaries or legitimate creditors of this employee's estate, you can get into some serious trouble if you give away money that belongs to the estate of the dead employee. Does the account name a beneficiary? If so, that is the ONLY person to whom the funds may be given. Otherwise, cover you assets and release the funds to the estate once probate has been filed and a PR appointed.See question
I want to give the house to my brother because he took care of our parents until they passed.He will get a reverse morgage to give the proceeds back to the other .7of the trust, the trust states that everything to be divided equally.Iknow we won't...
Just FYI - if you want to get a good answer, you need to make sure you are asking a question without typos and auto-correct, etc. That said, if the Trust was established by your now-deceased parents and you are the Trustee - it is incumbent upon you, as Trustee, to carry out your parents wishes as expressed in the Trust. If your brother wants to buy out the other family members, and they are agreeable, that can be done. Make sure that a value is determined and that everyone is in agreement with that value. You really, really need an attorney to oversee this because if the other beneficiaries do not properly waive their rights to the house, it may become an issue in the future.See question
name changing on will-lawyer or codicil with witness
You don't need a lawyer - but your mother does in order to ensure that the changes she wants are made properly and the codicil to her will is executed properly. A significant portion of my business is dealing with "home-made" changes to wills that were done improperly and do not pass muster at probate.See question
My Dad recently passed away and had a will naming me as the executor. He was a firearms collector and had a very valuable collection. In his will he specifically stated that I was to receive all of his firearms and all things firearm related. Gun ...
Your probate attorney should be your resource for this. They should immediately do an inventory of all the assets and those should be either moved into storage (to stop the pilfering) or placed in a locked room in the house. No, she is not "legally" allowed to sell off items that are part of the probate proceeding. Still, it happens. Your attorney needs to address this - IMMEDIATELY!See question