I would never say never and anything is possible in court. But I would say that it really hurts your chances a LOT. There are so many things that could go wrong or you might have an opportunity to win, but not recognize it because you do not know what to look for. If it is worth it to fight this, it is probably worth hiring an attorney. I am sorry to be the bearer of discouraging news. But litigation is always complicated and yours sounds more complex than normal.
I agree with Attorney James. You cannot do this with an estate account. It is only there while the estate is being administered and is then distributed to the beneficiaries. If you are the only beneficiary, the proceeds of the account can be distributed to you, once probate is closed. At that point, you can do whatever you wish with the proceeds.
No. A living trust generally does not protect against lawsuits. In some cases, irrevocable trusts do this. You need to share your facts with an attorney to make sure that things are set up properly and that you do not have any fraudulent conveyance issues.
If your company is already set up as an LLC, your liability is limited to the LLC assets, just by virtue of being within the LLC.
Insurance may be a good way to take care of this issue, depending on what the concerns are.
You should be able to open a probate estate for the decedent for the purpose of conveying title. You can ask that a public administrator be appointed or one of the decedent's family members. The potential problem, either way, is that, if the estate does not have other assets, your client is going to be on the hook for payment of administrative expenses and things like recording fees and transfer tax. While the estate would normally be responsible for these expenses, if there are no other estate...
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.
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...
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.
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...
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.
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.