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.
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...
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...
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...
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.
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...