Joanne Kay Leifheit’s Answers

Joanne Kay Leifheit

Waukesha Elder Law Attorney.

Contributor Level 5
  1. My mother would like to gift her 6 children money. We are considering putting mom in assisted living in very near future,

    Answered almost 3 years ago.

    1. Robert Louis Feliciani III
    2. Steven J. Fromm
    3. Nick Passe
    4. Joanne Kay Leifheit
    4 lawyer answers

    The Wisconsin Medicaid program has a penalty period that applies to gifting. In short, gifting could prohibit your mother from receiving Medicaid for a set period of time. The period of time is determined by a formula where the total amount gifted within five years is divided by a "penalty divisor". The exact number of the penalty divisor can change frequently and it depends on the timing of your mother's Medicaid application. I recommend you consult with an elder law attorney in your area.

    2 lawyers agreed with this answer

  2. Does a letter of revoking POA need to be notarized or just a signature of the principle?

    Answered almost 3 years ago.

    1. Scott Allen Scholl
    2. Joanne Kay Leifheit
    2 lawyer answers

    I agree with Attorney Scholl. I would also add that it would be prudent for you to provide a copy of the revocation to any person or entity who has a copy of the power of attorney and who is relying on the document. Giving notice to that person or entity will put them on notice that the document has been revoked. Otherwise, there will be a question whether the person or entity was entitled to rely on the document after revocation but prior to having knowledge of the revocation.

    Selected as best answer

  3. Where can i find probate attorney and immigration specialist attorney who are affordable ?

    Answered almost 3 years ago.

    1. C L Huddleston III
    2. Joanne Kay Leifheit
    3. Mitchell Allan Port
    3 lawyer answers

    You might try contacting the Bar Association for the state of Ohio. Explain your situation and ask if they have a lawyer referral program for your specific legal needs. In addition, the county where you reside might have the same type of program (your state's Bar Association might be able to tell you). Some courthouses provide consumer education resources that include attorney referral sources. You might also contact the nearest law school to see if they can help you find a law clinic or a...

    3 lawyers agreed with this answer

  4. Wisconsin law. Who gets money and houses if husband pass away?

    Answered almost 3 years ago.

    1. Joanne Kay Leifheit
    2. Tajara Dommershausen
    3. Steven J. Fromm
    3 lawyer answers

    Wisconsin is a marital property state. Ideally, you and your husband should each retain separate counsel to arrive at an agreement between you regarding the estate assets acquired prior to and after your date of marriage. The legal tool to arrive at this agreement is called a "marital property agreement" ("MPA"). The MPA should be used in combination with your estate plan (wills, trust, etc.) to arrive at your mutual goals. I advise you to seek counsel with experience drafting marital...

    1 lawyer agreed with this answer

  5. My mother passed away and left a will

    Answered almost 3 years ago.

    1. James A Littlepage
    2. Joanne Kay Leifheit
    3. Steven J. Fromm
    3 lawyer answers

    Contact your county's "Register in Probate" office, or the office designated to receive the original Last Will and Testament document. Some states have a requirement that the original Will be filed with the appropriate office within a certain timeframe following death. If there are assets to administer, the nominated executor (also called a "Personal Representative" or other title) will need to apply to the court for documentation (often called "Letters") of administration. The Letters will...

    2 lawyers agreed with this answer

  6. Selling Mother's house in Wisconsin

    Answered almost 6 years ago.

    1. Joanne Kay Leifheit
    1 lawyer answer

    It would be helpful to know what county your mother resides in so that I can give you more county specific resources and information. However, children have no legal obligation to pay for a parent's nursing home care as long as the parent is not "divesting" (gifting) money to the children or others within five years prior to the parent's application for Medicaid. A single parent is allowed to keep certain assets and also qualify for Medicaid (for example, an irrevocable burial trust purchased...

  7. How do I get a car title transfered to me when the owner's daughter has power of attorney?

    Answered almost 3 years ago.

    1. C L Huddleston III
    2. Joanne Kay Leifheit
    3. Steven J. Fromm
    3 lawyer answers

    I agree with the other answers and would add that you want to make sure the power of attorney authorizes the transfer of motor vehicles.

    1 lawyer agreed with this answer

  8. Title for my Grandma's Car

    Answered almost 3 years ago.

    1. Lance Darrin Like
    2. Steven Zalewski
    3. Joanne Kay Leifheit
    4. Matthew T Stillman
    4 lawyer answers

    You should work with an estate planning or elder law attorney who will determine whether your grandmother has the capacity (and willingness) to execute powers of attorney. However, if she is unwilling to do so and her competence is in question, you may need to file a petition for guardianship. Although the car is an issue for you, it seems to me there are additional issues that need to be addressed in the form of powers of attorney or guardianship.

    1 lawyer agreed with this answer

  9. Husband is in Nursing Home in Tn with Alzheimers. I can not get anyone to help me.I told you more below to get you caught up.

    Answered almost 3 years ago.

    1. Joseph M. Masiuk
    2. Robert V Cornish Jr.
    3. Joanne Kay Leifheit
    3 lawyer answers

    There is not much to add to the earlier comment to seek the advice of a qualified elder law attorney. However, if you are additionally facing pressure from the nursing home to remove your husband, you might also check to see if the county in which your husband resides has a Department on Aging or Long-Term Care. Explain the situation and see if there are means for the county senior department to help protect your husband's safety. In addition, check to see if Tennessee has a long-term care...

    1 person marked this answer as helpful

  10. My husband has given me power of attorney for all legal and court actions.

    Answered almost 3 years ago.

    1. Joanne Kay Leifheit
    1 lawyer answer

    I recommend that you seek lthe advice of legal counsel prior to filing your action. Assuming that you have an appropriate cause of action in small claims court, the action could be dismissed if the party named as plaintiff does not have standing to bring the lawsuit and your efforts will have caused you to waste time and money. I would start by consulting a child support/family/divorce attorney in your area.

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