David L. Carrier’s Answers

David L. Carrier

Grand Rapids Elder Law Attorney.

Contributor Level 18
  1. My mom receives Medicaid. Can we sell her home and protect the proceeds of the sale from Medicaid?

    Answered 29 days ago.

    1. David L. Carrier
    2. Joseph Franklin Pippen Jr.
    3. Drew Norman Early
    4. Carol Anne Johnson
    4 lawyer answers

    What you're doing when you sell the house is converting an exempt asset (homestead) into a countable asset (money)... There are ways to help protect at least some of the money from the Medicaid, but how that works in Florida will depend on Florida law and for that, you need a Florida attorney who specialized in elder law....

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Selling a home under the Lady Bird Deed.

    Answered over 1 year ago.

    1. David L. Carrier
    2. Gregory Bradford Paddison
    3. David B. Carter Jr.
    4. Kelly Scott Davis
    4 lawyer answers

    No. That's a divestment. The state won't make the claim, though, they'll impose a penalty period. It's the nursing home that won't get paid that'll be suing your mom and then you (under a fraudulent conveyance theory). If you wish, you may drop me a email to discuss further...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Named as beneficiary of aunts trust. Years later I was notified I was deleted. Reviewing docs , I see my name is not correct.

    Answered 9 months ago.

    1. David L. Carrier
    2. Shelley Ann Elder
    3. Michael Leo Potter
    3 lawyer answers

    Typographical errors and even technical errors in signing procedures are unlikely to affect the validity of trusts/wills. If the problem is that your father was referred to by YOUR name because the MIDDLE initial was different and the drafter used your initial when listing the children/siblings... well, I wonder if the court will have much of a problem with that sort of mistake... Of course, it always depends on the facts as they come out in court...

    8 lawyers agreed with this answer

  4. If the statement (shown below) in a will is incorrect, does this make this will invalid? Because the first line is wrong!

    Answered 10 months ago.

    1. Walter Wilbur Beuhler
    2. Kendall Shane Cockrell
    3. David L. Carrier
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Unless mom was delusional or mentally incapacitated and actually believed she was somebody else who lived in Hood County, I'm going to guess that the lawyer's word processor screwed up and inserted someone else's language in the document. To err is human, to really screw things up, you need a computer. And I betcha that's what happened here.

    8 lawyers agreed with this answer

  5. A woman ran a stop sign at approximately 50mph and hit the rear of my wife's truck, causing it to roll. What are options?

    Answered 11 months ago.

    1. Anthony Francis Belotta
    2. Michael T Warshaw
    3. John Michael Phillips
    4. Charles P. Ward
    5. David Herman Hirsch
    6. ···
    12 lawyer answers

    Contact an attorney to go over the particulars and seek hiring the attorney should you need one. Check avvo for a listing. Good luck.

    8 lawyers agreed with this answer

  6. Is it true that bad things happen when a trustee does not obey the trust deed?

    Answered over 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. David Michael Goldman
    3. David L. Carrier
    4. Marian Audrey Lindquist
    4 lawyer answers

    Q: Is it true that bad things happen when a trustee does not obey the trust deed? A: Yes. Terrible things.

    8 lawyers agreed with this answer

  7. If a will is made with 3 beneficiaries namely A,B,C. If A should die, who would get A's assets, B and C. or would A's assets

    Answered over 2 years ago.

    1. John B. Whalen Jr.
    2. Tyler Benjamin Christ
    3. Robert Cronin
    4. David L. Carrier
    5. James P. Frederick
    6. ···
    6 lawyer answers

    If A dies before the person who made the will (the testator), you have to look to the will to determine who takes. If A survived the testator (by at least 120 hours in many states), then it depends on A's own estate plan. P.S. Per stirpes means "by the root" http://answers.ask.com/Reference/Dictionaries/what_does_per_stirpes_mean

    8 lawyers agreed with this answer

  8. My brother just died in Ohio and he has no estate. Is there anything in the nature of a probate to be filed in behalf of him?

    Answered over 2 years ago.

    1. David L. Carrier
    2. C L Huddleston III
    2 lawyer answers

    Freedom is just another word for nothing left to lose. And when you've got nothing you've got no need for probate.

    8 lawyers agreed with this answer

  9. How long may a PR take to close an estate?

    Answered over 3 years ago.

    1. Joseph Franklin Pippen Jr.
    2. David L. Carrier
    3. James Thomas Kinder
    4. Jason Ira Warshofsky
    4 lawyer answers

    Generally, an estate remains open as long as necessary and convenient to properly administer the assets in the estate. Courts are pretty lenient and understanding when authorizing extensions to letters of authority, but the personal representative does have to give some reason. Personal reasons, such as health, may be allowed. If the administration of the estate has been unduly prolonged without justification, the court is likely to be upset more with the personal representative than the...

    8 lawyers agreed with this answer

  10. Can I get compensation for time spent as executor of an Estate?

    Answered 8 months ago.

    1. James P. Frederick
    2. David L. Carrier
    3. Peter L. Conway
    4. Harold Kent Prukop Jr
    4 lawyer answers

    Well, you can get paid for the services you provide as executor (personal representative) and the expenses you've incurred. Careful records are key!

    6 lawyers agreed with this answer

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