Howard Todd Whatley’s Answers

Howard Todd Whatley

Springdale Medicaid / Medicare Attorney.

Contributor Level 9
  1. I am in a Nursing home, and of sound mind. I want to sign my part of our house over to my wife of 50 years. She lives in house.

    Answered 7 months ago.

    1. Howard Todd Whatley
    2. David L. Carrier
    3. Lawrence A Friedman
    4. M. Gayle Corley
    5. James Gregory Las Cola
    5 lawyer answers

    As an Arkansas Elder Law attorney, and Certified Elder Law Attorney, I will tell you that it is OK to do so. Transfers between spouses are not penalized and is actually very beneficial. However, that is only part of the equation. You do need to seek the advice of an attorney who knows the Arkansas Medicaid rules. If there are other assets, those can most likely be protected. The Arkansas Medicaid rules are actually quite generous with spouses.

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  2. How do I make someone produce a will

    Answered 3 months ago.

    1. Howard Todd Whatley
    2. Kayla Nicole Price
    3. Christopher Jon Finley
    4. Brandon Michael Haubert
    4 lawyer answers

    You will need to open a probate and produce the Will that you have. You will need to give notice to the spouse and she will then have to produce the Will she has. You will then be able to look at it and with the help of your attorney, be able to decide if the new will is valid or not. A judge will then decide which Will to follow.

    4 lawyers agreed with this answer

  3. Will medicaid take the belongings in a house if the sale of the house doesn't pay the debt owed them under the recovery law?

    Answered 7 months ago.

    1. Howard Todd Whatley
    2. Brandon Michael Haubert
    3. Jonathan D. Green Sr.
    4. William Martin Burbank
    4 lawyer answers

    As a Certified Elder Law Attorney in Arkansas, I will tell you that there is no law that says they will not come after the personal property. They have a right to go after all of the assets that are in her "estate". The personal property is in her estate. Normally, they will not go after that stuff but they can.

    4 lawyers agreed with this answer

  4. Can the beneficiary next in line provide coworkers for witnesses?

    Answered 7 months ago.

    1. Scott Allen Scholl
    2. Howard Todd Whatley
    2 lawyer answers

    I agree with Scott that the fact that your sister's friends were the witnesses does not make the will void. The law just says that a person who benefits from the will cannot witness the execution. However, what it does do is lend to the idea that the will was done with duress or undue influence. If you feel that there is duress, you will need to talk to mom and dad and most likely get them to see another attorney that is very experienced with estate planning.

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  5. My 86 year old mother with dementia was coerced into leasing a 2014 Chrysler 300 in NJ. Do I have any recourse?

    Answered 4 months ago.

    1. Howard Todd Whatley
    2. Lawrence A Friedman
    2 lawyer answers

    The short answer is "no, you have no recourse". This should be answered by a New Jersey attorney to be sure. However, I'm sure she could return it, give them the keys and walk out the door. They will repossess it, send some ugly letters and threaten a lawsuit. If she has no money, she is judgment proof. People get all upset about their credit score but when you are on Social Security and living in an assisted living facility, her credit score really does not matter. Most assisted living...

    3 lawyers agreed with this answer

  6. Is it possible to get a copy of a will from the county where it was written?

    Answered over 3 years ago.

    1. Howard Todd Whatley
    2. Scott Allen Scholl
    3. Steven M Zelinger
    3 lawyer answers

    Being licensed in Arkansas (and growing up in Benton by the way) I think the first question is, "Do you need her will?":. I have seen many couples probate an estate for no reason when the first spouse dies. Was there any property that was owned solely by your wife and did not have a beneficiary designation? If not, then you do not need to probate. Since your wills were done in 1982, I would assume that most, if not all, of your assets had both of your names on them. If so, you as the...

    3 lawyers agreed with this answer

  7. What exactly is an accounting of a trust fund?

    Answered 6 months ago.

    1. Howard Todd Whatley
    2. Mark J. Edwards
    3. Matthew Brett Bernstein
    3 lawyer answers

    A sufficient accounting includes the proof of what he "puts on paper". You are entitled to see where he gets those numbers from. However, if he is lying, then you have much more grounds to get to the bottom of the situation. You should get proof of what he is saying by getting things such as bank statement and investment reports.

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  8. Is income from inheritance cash distributions taxable income by the Fed. or State government in Arkansas?

    Answered 4 months ago.

    1. Howard Todd Whatley
    2. Robert B Fleming
    2 lawyer answers

    To add to Robert's answer, there is no estate tax in Arkansas either.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I let a family member take over my mortage with USDA if I can no longer pay it without my daughters consent?

    Answered 4 months ago.

    1. Howard Todd Whatley
    2. Michael Leo Potter
    3. Evelyn Watts Cloninger
    3 lawyer answers

    Michael brings up a good point. Did you do a trust or did you do a Life Estate Deed? When I read your question, I assumed you meant a Life Estate Deed which is totally different than a trust. I assume you had the mortgage when you did the deed. Theoretically, the mortgage company could have called the note due when you did the deed since that could be considered a "sale". However, we do those all the time and to my knowledge, no mortgage company has called the note due. Now, to answer...

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  10. Is Medicaid eligibility based on household or individual income level in Arkansas ?

    Answered about 1 month ago.

    1. Howard Todd Whatley
    2. Lloyd A. Pont
    2 lawyer answers

    I am not as familiar with this type of Medicaid as I am with long term care Medicaid. I would suggest you go to the local Department of Human Services office and sit down and talk to them. They are pretty good when dealing with issues like this. I do know for long term care (nursing home Medicaid) they only look at the income of the person going onto Medicaid. However, you are asking about the expansion part of it and those rules are so new, that I am not familiar with it. However, the...

    2 lawyers agreed with this answer

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