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David L. Carrier
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David Carrier’s Answers

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  • What should my mom do with her house now at 80, in case she needs to go to a nursing home within 5 years

    what can we do to protect from losing the home to medicaid

    David’s Answer

    Since NY is an enhanced estate recovery state, a lien against the house will be asserted by the state for any monies paid out through Medicaid. Depending on the value of the home, a Medicaid divestment trust might be a good idea, or if one of the children has been living with mom, taking care of her, for 24 months, mom can transfer the house to the child caregiver... There are many other options, so see a local elder law attorney...

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  • I'm preparing to enter a nursing home. I'm on disability social security. How do my spouse and I proceed to protect assets?

    I have MS and have private insurance. My spouse is employed. I'm 61, my spouse is 62. My spouse has life insurance, 401k we'd like to protect. We still have a mortgage.

    David’s Answer

    The good news, as Chris has already written, is that you have options to preserve assets that can be explained by an elder law attorney. The home is usually considered an exempt asset and paying off the mortgage associated with the home is not (usually) a problem. Your spouse's 401(k) may be excluded, it depends on the rules governing his/her particular plan.
    You are much too young to simply spend down... get an aggressive elder law attorney willing to work for you...

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  • Can prospect lender now require $300K loan "payoff demand" plus legal fee to reconvey trust deed for loan never transacted?

    Single Purpose entity ABC LLC holding real estate(value $500K) provided by prospective lender XYZ LoanCo trust deed to XYZ pursuant to a new loan for another entity -- loan to be approx. $1.1MM -- however loan transaction never closed escrow nor c...

    David’s Answer

    Q: Can prospect lender now require $300K loan "payoff demand" plus legal fee to reconvey trust deed for loan never transacted?
    A: The lender can demand whatever they want, but that doesn't mean they'll get it. Of course you can demand the basis for the demand which will not exist and so this phony demand should roll off into the sunset like a tumblin' tumbleweed....
    And if it doesn't, git yerseff a confusticated real estate attorney whose shoes are too tight and who's always in a bad mood to sue these guys for slander of title! Go get 'em!

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  • Transfer Texas Real Property from a Living Trust after Death of Trustee

    My dad and mom owned real property in Texas. They have a California Living Trust. Texas property was transferred into the Trust. Now, both dad and mom have passed away and Texas property remains in the CA Trust. In California, an Affidavit of D...

    David’s Answer

    Well, OK, mom and dad are removed, but who is the new trustee? Once you know who the new trustee is (under California law) the full faith and credit clause of the Constitution requires that Texas give countenance to the acts of the California trustee. You don't need to name the trustee twice or three times under as many states' laws as there is property....

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  • Indiana law: if person / or persons are decease and they belong to a poolside association are heirs responsible for past dues

    The heirs in question have not claimed the lake property that belonged to their parents who are deceased will they be responsible for past dues and this is not a home association it's a poolside association

    David’s Answer

    With most of these formal and informal associations, the land answers for the dues, so it is unlikely that the heirs will be personally liable. But it could happen. Ask local counsel.

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  • I have questions about my rights regarding my father's estate.

    My father recently passed, and as his daughter (age 21) I am wondering my rights. My father was married, and has three children (I am his oldest). My father was the sole beneficiary of my grandmother's estate (which has not yet been settled). My g...

    David’s Answer

    [Bad News Trigger Warning]
    You wrote a long post, but the most important fact you saved for almost last:
    "The way my step-mother is talking makes me uncomfortable as I fear she will not respect my father. What are my rights as his child?"
    If your dad had no will or trust or beneficiary designations to you, it is most likely your step mother takes all and you take nothing. Consult with local counsel to be sure, I could be wrong. But I'm not.

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  • Selling a home that is in a trust....

    Hello, My mom lives in NYC and we need to sell her home so she can buy another home in her new California location. The home is in a trust. Can she sell the home outright? Will the trust be dissolved once when she sells the home? Do we need an el...

    David’s Answer

    Q: Can she sell the home outright?
    A: Depends on what the trust says... if it allows an outright sale, mom can sell it outright.
    Q: Will the trust be dissolved once when she sells the home?
    A: Depends on whether there will be trust assets remaining in the trust after the house is sold. Trust assets like the proceeds from the sale....
    Q: Do we need an elder law or real estate attorney (s)
    A: What do you think I'm going to say? Yes! There are too many loose ends here to wing it and there may be some elder law aspects to the sale and the trust on which it would be best to get an expert's opinion.

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  • My mother just died with a will now i dont know what to do from this point please help

    my mother just died unexpected of a blood clot all she had to her name was her house(which is not paid off, and a car that is paid for) a few months ago she had documentation drawn up (a will and power of attorney papers) in the will she left me 1...

    David’s Answer

    You'll have to take the will to probate court to go through the probate procedure. If the will is valid, the fact that your mother disinherited your sister in favor of you, given the facts you're related, should not be much of an issue.
    I understand that you "really dont have the money to pay a lawyer" but that also means that you really can't afford to screw this up, so my advice would be to find the money somewhere, pay a good probate attorney and get it done.... Don't wait for sister to file and find yourself out in the street....

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  • What Attorney do I need to hire if I think I am under investigation from the Adult Protective Services?

    I asked attorney to find out why Adult Protective Services calls me and asks about my 88 years old mother who lives separately with 24 hour caregiver and APS refused to talk to the attorney or answer if I was investigated. The called her doctors a...

    David’s Answer

    An elder law attorney would be more conversant with the legal issues associated with the standards of care and your possible liability. But I agree with attorney Tate that you should consult with a criminal defense attorney...

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  • How to get fathers medical wishes acknowledged and have a procedure stopped.

    86 years old father with dementia. For the last several years his doctors have been told he does not want a permanent catheter put in place. He has been hospitalized and put into rehab several times in the last 2 months and a catheter is being u...

    David’s Answer

    If the medical personnel will not honor the medical power of attorney you may have to get a court order reinforcing it...

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