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Daniel B. Purtell
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Daniel Purtell’s Answers

25 total

  • How to protect an Estate for a loan (undocumented) given to a son in the amount over $100,000 so the other Heirs get the proper

    Mother loaned her son over $100,000 to prevent him have a foreclosure on his home 3 or more times. This has been ongoing for the last 10 years. Amounts given at three different times ($35,000, $42,000, $54,000. The other 5 sisters would not get ...

    Daniel’s Answer

    Mother needs to have an estate plan that addresses the offset of the monies given to the Son. This will allow the amount that son receives at the time of Mother's death to be reduced by that amount, which will increase what is given to the Daughters. This can be accomplished by a Will, a Trust or other documents that can't be finalized until Mother meets with an estate planning attorney.

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  • Will adding our son's name to our deed, would Medicaid not be able to take the property if one of us had to have long term care?

    None.

    Daniel’s Answer

    Adding your son to the deed is considered a divestment (a gift) and that would trigger a penalty if either of you (you and spouse) need to qualify for Medicaid to pay for long term care expenses. Also, even if you get 5 years out and the look-back period as run, the joint-titling will allow the State of WI to attempt estate recovery for the costs that they have paid on your behalf, and put a lien on the house.

    You need to speak to an attorney who specializes in estate and Medicaid planning. This is a complicated issue without an easy answer.

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  • How can a person be removed as a trustee for failure to fulfill duties?

    Father passed away in Jan. Brother is trustee. He has not provided written documentation of trust to any beneficiaries, nor will he show anyone the trust. We are looking at WI State Statute 701.0813. Told us to take him to court because he will no...

    Daniel’s Answer

    Under the new Wisconsin Trust Code, it is the duty of the Trustee as fiduciary to disclose the contents of the trust language and the assets of the trust upon request by a beneficiary. The only exception to this new requirement is if the Trust specifically excludes a beneficiary from seeing certain portions of the Trust. You should hire an attorney and make the request in writing. I would think that a strongly-worded request with the threat of Court action would get the Trustee in line. Removal of the Trustee is also an option by statute, but there also may be language in the Trust to allow for a removal and replacement by the beneficiaries.

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  • Does a Child of the parent in incapacity qualify as a default Power of Attorney of Health?

    Such as a First child vs a Girlfriend, Or Second Childvs Girlfriend?

    Daniel’s Answer

    No. Unless an individual has executed a valid Health Care Power of Attorney, then someone must be appointed as a Guardian of the Person for that individual by the Probate Court.

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  • I have had my identity stolen and I believe a will was made out for trust funds to my sons The will was hidden ten years ago

    Is there a place to look if the will is hidden? I'm getting bankruptcy papers on a business i have no idea what it is I've never been bankrupt and have never had a business that I am aware of.

    Daniel’s Answer

    If you are concerned about a possible Will that is out there that was executed illegally on your behalf, you should simply execute your own Will and ensure that the original is kept safe and also accessible to those who you have named as your executors. The only possible place to look for a Will, unless you know of its whereabouts, is at the Courthouse where it may have been filed even prior to your death. The issue surrounding a bankruptcy likely have nothing to do with estate planning documents.

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  • Can a person become a legal POA with the principal’s signature?

    Can a person become a legal POA with the principal’s signature?

    Daniel’s Answer

    Yes. As long as the principal is of sound mind and not under duress, he/she may sign a Power of Attorney, even a Durable Power of Attorney to allow a named agent to act on his/her behalf to transact legal matters.

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  • My father in Wisconsin died and his will was 50% to both my brother and me. My brother is executor.

    He is now saying I had a debt to him from 15 years ago that he can take out of the estate before it settles. Won't the will be honored and the money sent to me?

    Daniel’s Answer

    The Probate for your father's estate will only deal with the assets and debts that your father had when he died. Unless the debt owed to your brother was dealt with in your father's Will or another written instrument related to your father's assets, this debt can't be part of the Probate of your father's estate. Your brother is likely mistaken and you need to seek legal representation.

    LEGAL DISCLAIMER
    Attorney Purtell is licensed to practice law in WI. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Attorney Purtell strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • Life insurance and 401k to beneficiaries?

    Hope this isn't to long. My mother passed away. My twin sister and I are beneficiaries of her Life insurance and her 401K threw Chrysler. Mom has a house asseted at 117,000 owes 109,000 and about 10,000 in creditors. We live in Wisconsin. I was...

    Daniel’s Answer

    The 401k and the Life Insurance pass directly to the named beneficiaries...you and your sister. There is no way for creditors to touch those transfers. The house will likely pass through Probate to you and your sister, if you are the named beneficiaries in her Will or her natural heirs. If you can't sell the house to satisfy the bank, then the bank will have to try to recover from other Probate assets. If there are not other Probate assets, the bank is out of luck. You may simply want to give the house back to the bank in lieu of foreclosure.

    LEGAL DISCLAIMER
    Attorney Purtell is licensed to practice law in WI. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Attorney Purtell strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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  • My husband and I own a duplex with my mother. Could this be an issue if she needs to go to longterm care?

    We want to ensure we don't lose the house if she would need nursing home care, etc. The deed is in all three of our names, mother owns exactly half and lives in her half, we own half and live in our half.

    Daniel’s Answer

    While the ownership of the house by your mother will likely not cause much concern if we she were to consider qualification for Medicaid, there is the issue of Estate Recovery. Upon your mother's death, the State of Wisconsin would seek to recover the costs of the care that was provided to her by placing a lien on the property to the extent of her one-half ownership. Depending on her other asset, it might be a good idea to consider a gift or transfer to a trust to start the 5 year look back ticking.

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  • Can I get a copy of my Dads will from my Sister, whom is the Executor.SHE IS HOLDING BACK MONEY , SAYING I didn't spend it right

    My Dad died in California, and we alll live in Wisconsin.

    Daniel’s Answer

    I agree with Attorney Hooper. Whether it is in Wisconsin or California, the Will is public record as is the inventory of the assets administered by your sister as executor. Go to the clerk of court and request copies of all those documents. As an heir of your father's estate, you also have rights to information about the assets to be distributed. Regardless, obtain counsel in California to assist in this matter.

    LEGAL DISCLAIMER
    Attorney Purtell is licensed to practice law in WI. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Attorney Purtell strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.

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