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Carol J. Wessels

Carol Wessels’s Answers

20 total


  • I need help with a PR closing statment in WI. My first request for help was lacking detail information that may be helpful.

    I had asked for help with question #5..Who gets copy of PR closing statement?..??NEITHER PAID NOR BARRED??...Question #6..Furnish a full account of the administration to all persons whose interests are affected. Who are the "PERSONS WHOSE INTEREST...

    Carol’s Answer

    With all due respect, I do believe your question asks for specific legal advice which would be inappropriate to provide in a forum like this. You should seek counsel. You may want to see whether the deceased lawyer's office had any contingency plans for someone to take over. Typically there are arrangements so that a client is not left in the cold if some disaster befalls the attorney. I wish you the best.

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  • Wisconsin Resident concerned about going into a nursing home.

    I’m a Wisconsin resident and I am concerned about having to go into a nursing home. If I go into a nursing home, will the state make me sell my house?

    Carol’s Answer

    The simple answer is that as long as you intend to return home, even if that intent is not realistic, the state will not make you sell your home in order to receive Medicaid. The home is an exempt asset if you intend to return. Also, if you are married and your spouse lives in the home, it is exempt. There are similar exemptions as well.

    More complicated is the question of what will happen after you become eligible for Medicaid. If you are single and become eligible while having a home as an exempt resource, the practical matter is that most of your income will go to the nursing home and it may become difficult to continue to pay home expenses over the long run, Also, the state may be able to obtain a "lien" on the home or recover the cost of the services you receive from the value of the home when you die.

    These are complicated issues, and an elder law attorney can explain them to you and can help you arrange your affairs in a way that will provide a financial advantage to you and your estate.

    I explain some of these issues in a blog I write on elder law. The link is below.

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  • IF no one wants to be executor of my brothers will what happens. Can a probate lawyer be the executor

    He died without a will no wife or children. No one wants to step up and be executor. Can a probate lawyer handle everything

    Carol’s Answer

    The Court can appoint an executor. It does not have to be an interested person or creditor. It might be a lawyer. It does not have to be a lawyer.

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  • How to appeal in probate in Wisconsin

    my father passed away for over 3 years ago and I was never mentioned in the will when I have an affidavit to show undue influence. the attorney on my father's estate kept on saying that I was no longer an interested party because I was not on the ...

    Carol’s Answer

    This is one of the things where, if it is important enough to you that you want to pursue it, you will need to consult with a lawyer. You have two sets of issues: Procedural hurdles to see if there is a way you can still assert your claims in the case, and substantive hurdles to prove the claim. These are complicated legal issues. Analyzing it to home repair, these issues are not changing a lightbulb or even a fixture, they are gutting out the entire bathtub (the case that is already over), finding out what is wrong with the plumbing (can we still raise a claim) and building a custom system ( what facts support undue influence). I don't want to sound mean, but if you were capable of analyzing those yourself you would not be asking this question on AVVO because you would realize how complex it is. You need to hire a professional. The professional will help you figure out if there is a case, and will give you an idea of what it will cost to litigate so that you can see if your share of your father's estate is worth the cost of trying to intervene. Best wishes with the situation.

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  • Where can I find the forms to resign as somebody's guardian?

    My sister-in-law has guardianship over her younger brother (over 18). She would like to resign as his guardian due to his behavior. The courts and his guardian ad litem are aware of the circumstances. Nobody else in the family is willing to tak...

    Carol’s Answer

    It is more than just a form, you will need the court to approve the resignation. The court is not likely to do this without a successor guardian. Depending on where the guardianship is in place you may want to request your county Adult Protective Services unit for help.

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  • Can the personal representative for my mother's estate legally bar me from her house?

    My mother listed 100's of items of personal property that she wanted me to have or choose. The personal representative is denying access to her home saying that they will pack and ship whatever is on her list at my expense. I cannot choose what...

    Carol’s Answer

    The answer to this question depends in large part on your mother's documents. Typically, the cost of completing a distribution is actually an administrative cost of the estate, but possibly your mother's will says something different. A personal representative has a duty to safeguard the estate property, so in some cases there is a very good reason not to let beneficiaries go through the house, but it depends on the case. I recommend you hire a lawyer to represent your interests as a beneficiary.

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  • Can my sister live in my mother's house after my mother died when the estate is not settled and she is not paying any rent.

    My sister always wanted the house my mother owned and she lived with my mother for a while before she moved out. When my mother died my sister moved in to her house and is living there and wants to buy the rest of the siblings their share of the h...

    Carol’s Answer

    You hire a lawyer, that is what you do. This is the kind of complicated situation that requires a lawyer. If you are already fighting in court over who is the personal representative for your mother's estate, there are issues that require one on one consultation. Good luck!

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  • I am removing my mother from a nursing home here in Wi. She has fallen twice there, and has bruises on her face and chest.

    The facility was to start recieving her Social Security June 1st but she is moving in with a family member who is retired with a nursing degree. As of this point she had been denied Medicare twice. Can they take her check for June? We are removin...

    Carol’s Answer

    I agree that you should contact Social Security right away and have the representative payee and deposit changed. However, keep in mind that if the nursing home tries to keep the checks that come in while this change is being processed, they must return them if you ask, because Social Security income cannot be taken to pay a debt. They do not have the right to hang onto it for the outstanding bill.

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  • My Mom is in assisted living. When her money runs out, can the state foreclose on her house?

    My Dad just passed away and he willed the house to us kids, but half is my Moms, right?

    Carol’s Answer

    That depends on whether your dad and your mother had an agreement in place before he died. In Wisconsin, married couples can change the basic assumptions of marital property law with a written agreement. Because of your mother's situation, in this case an elder law attorney would possibly be able to advise you even better than an estate planning attorney.

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  • Is it a conflict of interest for a trustee to also serve as conservator of the estate of the same individual?

    Is it a conflict of interest for a trustee to also serve as conservator of the estate of the same individual?

    Carol’s Answer

    There is not a direct conflict per se, but depending on the particular situation there could be. If you have concerns about a particular situation, you should meet with an attorney and talk it over.

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