Karen L Brady’s Answers

Karen L Brady

Arvada Estate Planning Attorney.

Contributor Level 10
  1. I have medical and general power of attorney for my 80 year old dad can I legally go against doctors orders.

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    If your father is unable to make medical decisions for himself, than his agent under his medical power of attorney has the authority to do so. You say you are the agent. In that case, you would have the authority to decide where he receives treatment. However, the nursing home and doctor have the obligation to determine your father is released into a safe situation. I suggest that before you assert any legal rights you have you first discuss the matter with the nursing home's ombusman....

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  2. What is the best way to restructure a rental property from JTWOS to a LLC?

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    You are right to be concerned about triggering the due on sale clause of your loan agreement. Unfortunately, the dilemma can't be resolved through any specific structure of the LLC. Generally, to transfer the property to an LLC without triggering that clause you must get permission of your lender. Some lenders will approve the transfer while others will not.

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  3. Deceased brothers back taxes and how they effect beneficiary on 401 K

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    First, you may not be the one entitled to receive the proceeds. Federal and state law may provide that your brother's surviving wife is entitled to some or all of the 401(k) unless she waived her rights to it. In your place, I would not sign the forms from the plan administrator. Instead, I would inform them of his marriage and inquire as to whether they have a spousal waiver on file. Second, if you do receive the proceeds and your brother's tax debts go unpaid, you may be held...

    1 person marked this answer as helpful

  4. I have questions regarding Medicaid Planning

    Answered almost 5 years ago.

    1. Karen L Brady
    2. Lesly C Longa
    2 lawyer answers

    All of the options you mention can be possible means of Medicaid Planning, but it's not possible here to discuss all of them in detail as they apply to your situation. That's why it's important to contact an elder law attorney. A life estate is a gift of the remainder interest (post-death interest) in the home, therefore it is subject to the five year lookback rule that applies to Medicaid applications. It may also create some capital gains issues for the recipient of the remainder...

  5. A car company sent me a check and 3 months later they called and asked for it back, do I owe them?

    Answered almost 5 years ago.

    1. Karen L Brady
    2. Ronald Lee Burdge
    2 lawyer answers

    I concur with the previous answer in that you need to investigate this further with a qualified attorney. However, even if it was the car dealer's mistake, if the check was sent to you in error you will be legally obligated to return the money.

  6. Paying for a vehicle and I'm not on the title

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    I would expect the lending company to be able to repossess the car if she stops making payments. You may have a claim against her if the car is taken from you. In any case, I urge you to contact a local attorney who specializes in civil matters because you have a lot of issues here, including the need to (a) refinance the loan or otherwise get the lender to recognize your rights in the car and (b) get a written contract with her so that your rights as they relate to her are clarified and (c)...

  7. How do I get guardianship released from my soon to be ex wife? We are both guardians to my blood nephew. She wants the child.

    Answered almost 5 years ago.

    1. Karen L Brady
    1 lawyer answer

    Only a court can remove your wife as guardian. Likewise, only a court can remove you as guardian if your wife tries to act alone as guardian. If your nephew is 13 years old or over, he will have a say in who should be his guardian. In order to sort this out, you will need to file a motion with the court that initially appointed you and your wife as guardians.

  8. How to add your child to your real estate

    Answered almost 5 years ago.

    1. Steven W. Ledbetter
    2. Lesly C Longa
    3. David Michael Goldman
    4. Karen L Brady
    5. Steven J. Fromm
    6. ···
    6 lawyer answers

    As Attorney Fromm mentions, there are some serious consequences in adding your child as an owner on your real estate. In addition to possible gift taxes, there may also be income tax consequences for your son after you pass away. When you give your son ownership interest while you are alive, he loses a "step up" in basis in that interest that he would otherwise get if he inherits it when you die. That could mean additional capital gains taxes when your son sells the property. Also, if...

    1 lawyer agreed with this answer

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  9. Will an LLC protect our rentals if the other rentals we have with a partner go into forclosure, they are not part of our LLC?

    Answered almost 5 years ago.

    1. Nick Passe
    2. Karen L Brady
    2 lawyer answers

    LLCs have some good asset protection features that protect your personal assets if someone sues the LLC as owner of the property. However, in your case it is less likely that having your rentals in an LLC will protect them. If the foreclosures result in a deficiency, the bank(s) won't be suing the LLC, they'll be suing you as debtors on the mortgages. The will be able to seek compensation from your assets, and one of your assets is membership in the LLC. Depending on what state the LLC was...

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  10. Can my parents give me their home?

    Answered almost 5 years ago.

    1. Karen L Brady
    2. Keith O.D. Moses
    2 lawyer answers

    I would like to clarify one part of the previous answer. If your parents are only on Medicare, their home is not at risk when they die. Their assets have no relationship with their Medicare eligibility. If they are on MediCal (the California version of Medicaid), which is a government program for persons with limited assets and income, then Medical may have lien which allows Medical to claim the home when they die. If they give the home to you there may have consequences for their...

    1 lawyer agreed with this answer

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