James P. Frederick’s Answers

James P. Frederick

Livonia Probate Attorney.

Contributor Level 20
  1. My mother passed away in April. She appoint my sister personal representative to the will. Sister told me that she is taking it

    Answered over 1 year ago.

    1. James P. Frederick
    2. David B. Carter Jr.
    3. John F. Brennan
    4. Julie Aletta Paquette
    4 lawyer answers

    There is too much left unsaid, here, in order to give you much guidance. I agree that it sounds likely that you need to meet with an attorney. Whether there is anything that can be done depends on facts which are not included in your summary. James Frederick

    11 lawyers agreed with this answer

  2. If an elderly parent wants to add their daughter/caregiver to the title of the house can they just call the county treasurer?

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. James P. Frederick
    3. Joseph Michael Pankowski Jr
    3 lawyer answers

    You are right, as are my colleagues. This kind of planning needs to be done through a lawyer. There are many options, but all of them involve some kind of deed. For various reasons, it is best if that deed does not take effect until your mother's date of death. The lawyer will know how best to accomplish this. This should not be an expensive service. As for the 5 years, you misunderstood the lawyer's advice. The 5 years refers to a "look back" period that Medicaid imposes. Medicaid is a...

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  3. I used my Durable Power of Attorney to close bank account to protect Mother diagnosed w/Alzheimer's assets from a sibling...

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Scott D Rosenberg
    3. Denise Leydon Harvey
    4. Thomas J Callahan
    4 lawyer answers

    You are involved in a contested probate matter. The only thing you can do is to hire a good probate attorney and protect your mother. You need to document EVERYTHING. I would not be surprised if there is a claim that you somehow mismanaged your mother's assets. You need to have all of the records organized and at your fingertips. That will impress the court. Best of luck to you and your mother. James Frederick

    12 lawyers agreed with this answer

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  4. An employee is asking to repay the company for a mistake, is this legal?

    Answered about 1 year ago.

    1. James P. Frederick
    2. Howard G. Van Den Heuvel
    3. John F. Brennan
    4. Robert J Adams Jr.
    4 lawyer answers

    Sure. I see no problem with this. This sounds like the kind of employee you want to hang onto! James Frederick

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  5. Personal Representatives Interest vs. heirs interest, assistance need.

    Answered about 1 year ago.

    1. James P. Frederick
    2. David B. Carter Jr.
    3. Julie Aletta Paquette
    4. John Michael Phillips
    4 lawyer answers

    If you can show that the buyer is related to the Personal Representative, then that is certainly a potential problem. If that is the case, it is possible that the deal can go through, but the property and all its contents should be appraised and the sale price should be at or above the appraised value. The PR is opening herself up to potential liability, which she should not do. Does the PR have an attorney? Whether this is actually a problem or not is not clear from your facts, but you have...

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  6. Explain WHY a person can have a car, a house, and $2000 and qualify for Medicaid but a person with no assets and $10000 doesn't?

    Answered almost 3 years ago.

    1. James P. Frederick
    2. Erika McNamara
    3. Edward Jacob Sternisha
    3 lawyer answers

    I think that the asker is frustrated that people with so much more than his or her mom are able to qualify when she cannot. It is because the law was set up so that it did not force people to sell the house and car. More an more often, when benefits are received, however, the house and car are eventually used to recover money for the State, when the nursing home patient dies. It is a very complicated area of the law, and in years past, there were many abuses. There was even an attempt during...

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  7. Can my grandfather sell me his house on land-contract and still qualify for Medicaid?

    Answered 11 months ago.

    1. James P. Frederick
    2. Donald B. Lawrence Jr.
    3. Michael Leo Potter
    4. David E. Waterstradt
    4 lawyer answers

    As long as you purchase the home at fair market price, it would not be considered divestment. The larger problem is that, while the home is an exempt asset for qualification purposes, the proceeds from the sale of the home are countable assets, that would render your grandfather ineligible for benefits, until they are spent down. I do not think you plan will work. That does not mean that all hope is lost. Your grandfather needs to meet with an elder law attorney to determine how best to...

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  8. How can I get a deed corrected that was filed wrong?

    Answered over 1 year ago.

    1. James P. Frederick
    2. Joseph Franklin Pippen Jr.
    3. Dagmar Pollex
    4. Kevin Matthew Koel
    4 lawyer answers

    You may be able to record an "affidavit of correction," indicating this was a scrivener's error. I would have the attorney do this for you, since it was the attorney's error. I have used this procedure in the past. You will want to have the attorney contact the register of deeds to confirm this will resolve the problem. This should not be a difficult process. James Frederick

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  9. What happens to LAST WILLS after the Attorney dies?

    Answered almost 2 years ago.

    1. James P. Frederick
    2. Kevin Terry Steinacker
    3. Judy A. Goldstein
    4. Donna Eugenia Vasilkovs
    4 lawyer answers

    I agree with Ms. Goldstein. There is nothing wrong with you going to the law office and requesting the Will. Where you may run into a problem is if the lawyer was a solo practitioner and the office has simply "evaporated." In that case, you should consult with an attorney on your own to determine whether you can probate a copy of the Will, if you have one. James Frederick

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  10. WE have a estate with real property valued at approximately 1.5 Million. We have will however do we need a living trust?

    Answered over 1 year ago.

    1. Francis S Leontitsis
    2. Charles Adam Shultz
    3. Paul Rudolph Miller
    4. Denise Leydon Harvey
    5. Joseph Michael Pankowski Jr
    6. ···
    10 lawyer answers

    You have received some great advice. Much of it is contradictory. The problem with a site like this is that we get only a small snippet of facts and very little in the way of your objectives. In most cases, it is necessary for an estate planning attorney to sit down with a client and discuss the entire situation before being able to answer questions like the ones you posed. This sometimes takes an hour or more of time. Many lawyers do not charge for this initial consultation. The answers to...

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