Carol J. Wessels’s Answers

Carol J. Wessels

Mequon Elder Law Attorney.

Contributor Level 5
  1. 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.

    Answered about 1 year ago.

    1. Carol J. Wessels
    2. Jane E Probst
    3. Kelly Scott Davis
    4. James P. Frederick
    4 lawyer answers

    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.

    5 lawyers agreed with this answer

  2. Wisconsin Resident concerned about going into a nursing home.

    Answered 8 months ago.

    1. Carol J. Wessels
    2. Bernard J. Powers
    3. Devin Malane Pauli
    4. Jason Todd Studinski
    5. Edward Fossum Hooper
    6. ···
    6 lawyer answers

    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...

    4 lawyers agreed with this answer

  3. Are guardianships and conservatorships a form of contract?

    Answered about 2 years ago.

    1. Carol J. Wessels
    2. Joseph Jonathan Brophy
    3. Joseph Franklin Pippen Jr.
    4. Steven J. Fromm
    4 lawyer answers

    There are differences between a guardianship and a conservatorship, so the answer is not the same for both. My answer is based on Wisconsin law. First, the similarities: Both are types of court proceedings. Both involve court approval of an individual to handle the finances of another individual. (In guardianships, it could also relate to non-financial decisions but for sake of this question, let's focus on a guardianship of the estate which is for financial purposes.) Both create a "...

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

    Answered 11 months ago.

    1. Carol J. Wessels
    2. Joseph Franklin Pippen Jr.
    3. Michael Leo Potter
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Carol J. Wessels
    2. Jeff Tomberg
    3. Celia R Reed
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Jason Todd Studinski
    2. Carol J. Wessels
    3. Dera L. Johnsen-Tracy
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  7. I am a beneficiery in a will but the executor might not open estate. What are my rights?

    Answered about 2 years ago.

    1. Carol J. Wessels
    2. Maxwell Charles Livingston
    3. John B. Stutt
    3 lawyer answers

    You can petition to have a probate opened. Whether you want to do that or not is a totally different question. These days, houses in probate have the potential to be big headaches. They can be complicated, especially if there is an outstanding mortgage. The question is whether there is any equity in the house. In a case recently, I advised heirs not to bother opening a probate, since the house was the only asset, it was underwater and they would not get anything. So, there may be...

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  8. Are all assisted living elder care facilities operated by the State?

    Answered about 2 years ago.

    1. Carol J. Wessels
    2. James Bunkey Swain
    2 lawyer answers

    I do not practice in your state, but I can give you a general answer. Not all assisted living facilities are operated by the state, in fact a good number of them are privately owned and operated. However, in most states, all assisted living facilities are subject to regulation by the state, and often by the federal government as well. So even a privately owned assisted living facility will usually have to follow state rules and regulations in order to operate legally.

    4 lawyers agreed with this answer

  9. How to appeal in probate in Wisconsin

    Answered about 1 year ago.

    1. Carol J. Wessels
    2. Celia R Reed
    2 lawyer answers

    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),...

    2 lawyers agreed with this answer

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

    Answered about 1 year ago.

    1. Ryan Kastelic
    2. Carol J. Wessels
    3. Jane E Probst
    3 lawyer answers

    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.

    2 lawyers agreed with this answer