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David L. Carrier
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David Carrier’s Answers

2,636 total


  • If I apply for Texas Medicaid and am denied, does all Texas medicaid denial letters state reasons for denial?

    Is Texas medicaid denial letters specific or give reasons for being denied medicaid, or does it just state if one is denied without the reasons why one was not eligible?

    David’s Answer

    Generally, the denial letter will state the basis for the denial so that you can go ahead and appeal the decision on the stated basis.

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  • Can my dad give someone guardian ship of me to a family friend and my probation officer have no say?

    My dad thinks its best for me to move with my boyfriends mom and she wants to take guardian ship of me . We are gonna go through the bank to get it notarized I just don't know if my probation officer can stop it.

    David’s Answer

    What?! If you still have a guardian that means you are a minor and not able to make these decisions. If your dad wants to give a power of attorney to your boyfriend's mom, allowing her to make certain decisions for you, I guess that'd be OK, but don't call it a guardianship, because it's much more limited than a g'ship...

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  • Why would a poa be denied when saleing mothers home to pay for her care

    the remax lawyer denied signed and stamped by court house poa to sale home to provide money for full time care

    David’s Answer

    Frustrating isn't it? But the title company gets to play god with this sort of thing... if they're not happy for whatever reason (and there can be many many reasons, some reasonable, some foolish) then the deal doesn't go through... So why did they do it here? I dunno! Get your own attorney to respond...

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  • If I transfer deceased Trust's stocks to a trustee acct, is that considered distributed so no 6 mo alternate value allowed?

    I am trustee of deceased's brokerage account held in trust's name. If stocks soar, it seems better to get a stepped up basis valuation in 6 months so less capital gains to the beneficiaries. If I have the brokerage company open a new account and...

    David’s Answer

    If the owner of the new account is the same as the owner of the old account and you have not cashed the stocks in, then you should be fine. Which is free advice and worth what you paid for it, so be sure your advisors are aware and OK this transaction before you do it. But it sounds OK to me....

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  • My loved one has property I would like to sell. If NH care is needed only income is SS. will property be taken by Medicaid?

    The income is very limited. loved one has everything written in my name and I need to be sure what was worked hard for is not stripped away. I would love to speak to someone privately because there is so much mo...

    David’s Answer

    If the property is homestead, then it is probably exempt for now. But if you sell the property, then you don't have exempt homestead any more... now you have countable cash that can be taken to pay before MA will help out...

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  • My husband and I separated on may 21st. I am executor to my mothers estate. Can he claim and moneys from the estate?

    When he left he wanted nothing, now that there is money in the estate from a insurance claim. He wants a onetime payment. In doing this he agrees to forfeit any claim to the remaining estate. With a signed notaizied letter can he go after more. ...

    David’s Answer

    Get a lawyer! He's probably not legally entitled to any part of your mom's estate (not in MI, anyway) but money always enters in to the negotiations surrounding a divorce. The last thing you want to do at this point is to let him call lthe shots...

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  • Child Support owed to an Estate (update)

    Over 10 years ago, a sibling had control of our mother's Estate. The other heirs gave up their rights to allow the sibling to Administer the Estate. During this time my sibling dismissed Child Support Arrears that was owed to our mother's estate. ...

    David’s Answer

    Don't know how it works in DE, but in MI child support is not the property of the spouse, but of the children and it is the children's rights that have to be released by the children...

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  • Can an inheritance be claimed when there is no will?

    I have lived with my sister for five years. She unexpectedly died. I have paid half the bills and she procrastinated on making out a will. I am retired and have bad credit. She always stated the house would be mine and her children agree, but ther...

    David’s Answer

    If her kids agree (and there's no husband or parents) then you can get the house. But not because your sister left it to you, because your nieces and nephews decided to give it to you...

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  • Ending or exiting a Revocable Trust.

    I am a Co-Trustee in what was an irrevocable Trust and is now revocable"7 years after the death of my Father" The trust just contains land and enough money to maintain it. There are five beneficiaries and I want out or dissolution of the trust. ...

    David’s Answer

    If the trust allows revocation, then it probably states the terms and conditions necessary for the revocation and how the various beneficiaries are compensated. Look to the trust!

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  • Would me and my sister be involved about whats happing to our dad?

    My dad passed yesterday. Me and my sister are his only to kids. He died in tennesse me and my sister live in the next town to where he was living. We are from ohio and i dont know whats happening to him because nobody has called me. My dad did not...

    David’s Answer

    If mom has already died and dad did not remarry, then you and your sister will be the heirs and you have the responsibility to get in touch with the funeral home, etc to handle his matters... You can call his local Sherriff's office or police department if you don't know which funeral home has the body..

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