Ben Neiburger’s Answers

Ben Neiburger

Elmhurst Elder Law Attorney.

Contributor Level 9
  1. IL trust and estate planning law

    Answered about 5 years ago.

    1. Ben Neiburger
    2. Edward H Adamsky
    2 lawyer answers

    I am licensed in Illinois, and under the Illinois trusts and trustee act, you have a right to request an accounting. However, I doubt she will do that and you might have to file suit to request the accounting and, possibly, have her removed as a trustee.

    1 lawyer agreed with this answer

  2. Setting up a revocable trust under IL estate planning law, protection of assets, nursing home

    Answered about 5 years ago.

    1. Ben Neiburger
    2. David L. Carrier
    3. Thomas Glenn Martin
    3 lawyer answers

    I am an Illinois elder law attorney and having your assets in a revocable trust will not necessarily protect your assets from the costs of long term care, nor will it delay Medicaid qualifications. The existence of a trust may complicate the Medicaid application. Instead of focusing on whether or not you should have a trust, you should pay for a consultation with an elder law attorney in your area and spend a couple of hours with him or her so that you can learn and understand many of hte rules...

    1 lawyer agreed with this answer

  3. What is the law in Illinois on an estate collecting a pension of a parent that passed away?

    Answered over 4 years ago.

    1. Ben Neiburger
    1 lawyer answer

    The beneficiary for the pension benefit is dictated by the beneficiary designation form as well as the provisions of the actual pension plan document. What is likely with a pension benefit, as opposed to a 401(k) benefit, is that a pension benefit is a stream of income that is paid to a person during their life or to a surviving spouse while the spouse is alive. You need to ask te company for the beneficiary designation form and the pension plan document to determine what happens in this...

    1 person marked this answer as helpful

  4. How can we change the contact person for my Mother in a Nursing Home

    Answered over 4 years ago.

    1. Erik Glen Swanson
    2. Ben Neiburger
    2 lawyer answers

    I agree with the post above. In addition, if your mother is still mentally competent, she can direct the nursing home to change the primary contact.

    1 person marked this answer as helpful

  5. Selling house to pay for nursing home

    Answered almost 5 years ago.

    1. Ben Neiburger
    2. William A. Swendson II
    2 lawyer answers

    There is a way to save the house using the so-called caretaker child exception to Medicaid's transfer of asset rules. If you have the ability under the power of attorney to transfer the house, you can do that. Otherwise, you will need to file for a guardianship.

    1 person marked this answer as helpful

  6. How can I get a copy of my mother's will and make sure it is filed?

    Answered about 5 years ago.

    1. Ben Neiburger
    1 lawyer answer

    If the will isn't filed within 30 days of death it can be a misdemenor penalty that is rarely enforced. You will need to file the original will with the the probate court of the county in which your mother was a resident on her death. Filing the will is also required if you want to transfer certain portions of her property to her heirs.

    1 person marked this answer as helpful

  7. Can the nursing home get money I gave as a gift ?

    Answered about 5 years ago.

    1. Barry Benjamin Kreisler
    2. Paul A. Smolinski
    3. Ben Neiburger
    3 lawyer answers

    In addition to the answers above, I would add that Medicaid transfer and penalty rules are very complex and uncertain in Illinois at this time. I would speak specificly with an elder law attorney in your area using the website Paul recommended. When you see the elder law attorney, I would ask him or her how to structure your gifts so that you can fall under a specific exception t the Medicaid transfer of value rules that permit gifts that are not in contemplation of accelerating Medicaid...

    1 person marked this answer as helpful

  8. A mentally incompetent parent.

    Answered over 4 years ago.

    1. Erik Glen Swanson
    2. Ben Neiburger
    2 lawyer answers

    If your father refuses to act, it is still really difficult, even with a court order, to force him to do anything. Remember, if your father is acting irrationally, asking him to respond rationally to a court order is likely not to work. You may want to get senior services or a private social worker to help you convice him to go.

  9. Do I have to sue even though I'm listed as one of the children thats entitled? I only want a buyout.

    Answered almost 5 years ago.

    1. Ben Neiburger
    1 lawyer answer

    You need to find out how your brother "took ownership of the house". If he inherited it directly from your mother in a way that avoided the probate process, it may be difficult to find out what happened. Your mother may have signed a deed that transferred the property to him when she was alive. There could be issues with that. If you are an owner of the house or have an ownership interest in the house under your mother's estate plan and if you want to be bought out, you need to determine...

  10. Can you contest a pension beneficiary?

    Answered about 5 years ago.

    1. Ben Neiburger
    1 lawyer answer

    not really, unless it wasn't signed correctly, he wasn't competent when he signed it, or the was undue influence. If you post more facts, it might change the answer, so you should have an attorney look at the documentation.