Ben Neiburger's Answers

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

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...

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

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.

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Selling house to pay for nursing home

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.

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

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.

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

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...

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A mentally incompetent parent.

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.

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

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...

Can you contest a pension beneficiary?

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.

Will life insurance payments to someone already on Medicaid trigger a look back or other loss of Medicaid eligibility (llinois)?

In Illinois, if a Medicaid beneficiary who is receiving certain benefits has more than $2000 or $3000 (or sometimes more, depending on the type of Medicaid benefit they are receiving) in assets, they will be disqualified from Medicaid until they spend down the funds to the appropriate level. If they disclaim the funds or choose not to take them, that disclaimer will count against them for purposes of continued Mediciad eligibility. If the amount of the inheritance is more than $50,000 it might...

Regarding a Last Will and Testament

That document seems to be a document that is used to open the estate, not make distributions. However, the comment above is correct and you need to show what you signed to a probate lawyer. If there is an estate still open in the probate court, you may have some additional rights. However, you should act quickly since there is a time limit for claims, etc.