Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 19
  1. My husband died last week. No will. We've been separated over 2 years but still married. We lived on a small farm (40 acres). I

    Answered almost 2 years ago.

    1. Kelly Scott Davis
    2. Joseph Franklin Pippen Jr.
    3. Michael S. Haber
    4. James Paul Sadler
    4 lawyer answers

    You were still married so you still have rights in the estate. So to do his kids. It doesn't sound like they will take your word for it, so I recommend you contact a probate attorney first thing Monday morning. It is a race to the courthouse to see who gets appointed as Administrator. Expect that they may not agree to your appointment and may try to make waves but it is important to be appointed. Don't worry about not having money. There appears to be enough in the estate to cover attorney fees...

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  2. How to best choose an Elder Law attorney for Medicaid Planning?

    Answered 6 months ago.

    1. Brian A. Raphan
    2. Stephen Jay Silverberg
    3. Kelly Scott Davis
    4. Ivette M Santaella
    5. Patricia Ambrose Mayer
    6. ···
    7 lawyer answers

    Anyone can claim to be an elder law attorney. The question is how much experience do they have in handling cases similar to yours. Yes, experience does matter. No, the techniques, plans, and forms are not straightforward. Just as the facts and relationships surrounding every person's life are different, so to are the solutions needed to handle their situation. If you are looking at how to best choose an elder law attorney (and our skill levels are not all the same) I suggest you go to the...

    10 lawyers agreed with this answer

  3. Mother in nursing home on Medicaide. Gave me home in 1995 but kept life time estate, with warranty deed. Can. I sell home?

    Answered 10 months ago.

    1. Gregory Herman-Giddens
    2. Kelly Scott Davis
    3. Joseph Franklin Pippen Jr.
    4. David Michael Goldman
    5. Joel Steven Weissler
    5 lawyer answers

    Depending upon the value of the house and your mother's age, selling the house under the POA (if it gives you that authority) will generate cash which will result in your mother becoming ineligible for Medicaid benefits until it is spent down. The length of time during which she is ineligiuble can be reduced by taking several different measures. You need to talk to an elder law attorney to find out whether selling her share of the house is even a good idea.

    10 lawyers agreed with this answer

  4. What happens to a house if parent has to go to a nursing home and house title is in their name only?

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Michael Leo Potter
    3. Charles Adam Shultz
    4. Dennis Michael Phillips
    4 lawyer answers

    With very few exceptions signing the house over to the kids will trigger a period of ineligibility for Medicaid. Such transfers must be reported if application for Medicaid is made at any time during the 60 month period immediately following the transfer. During that time, unless your mother has long-term care insurance, she or someone on her behalf will need to privately pay her nursing home costs. As mentioned, there are some exceptions. Before she does anything more with the title, contact...

    10 lawyers agreed with this answer

  5. Mother is in a coma, next of kin wants to vacate mother's apartment in preparation of hospice or longtem care.

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Christine James
    3. Rosemary Jane Meagher-Leonard
    3 lawyer answers

    Taking property out of the apartment without legal authority is called "looting" and can end someone up in jail. You should petition the court to be appointed conservator.

    10 lawyers agreed with this answer

  6. Is it legal if someone takes a elderly person with Alzheimer's & completely changes their will?

    Answered over 1 year ago.

    1. Marcus William Morales
    2. Ian A. Scharg
    3. William David Ausman
    4. Kelly Scott Davis
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Even a person with Alzheimer's MAY have the testamentary capacity to make a Will, however if this person is able to make a Will, this still sounds like a case of undue influence. If she had capacity to make the Will, and it wasn't too long ago, she can also revoke it. You can report this matter to Adult Protective Services who will investigate. It may become necessary to petition the court for a conservatorship.

    10 lawyers agreed with this answer

  7. Does my sister own my grandma's house?

    Answered almost 2 years ago.

    1. Patricia B. Cole
    2. David M. Pyke
    3. Joseph Franklin Pippen Jr.
    4. Kelly Scott Davis
    5. Raymond Ellis Daniel
    5 lawyer answers

    You might want to check with the county clerk and recorder to see how title is held.

    10 lawyers agreed with this answer

  8. My Dad is a Korean War Veteran. If he goes into a nursing home, can they take our house? We're both on the title.

    Answered 10 months ago.

    1. Kelly Scott Davis
    2. James A Littlepage
    3. Seth A Director
    4. Drew Norman Early
    4 lawyer answers

    Rest easy and don't let them jerk your chain. People often speak when they don't know what they are talking about. First thing to consider is the application of the caregiver child exception. If a child has provided care for a parent that keeps them out of the nursing home for two years immediately precceding their entry, the house can be transferred to that child without incurring a penalty. You issue will be having the evidence and corroborating doctor's statements to back up your claim and...

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  9. Will errors in my field sobriety test get me out of this dui?

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Dean George Tsourakis
    3. Sean Tabibian
    4. Ted Harvatin
    4 lawyer answers

    They can convict a person of a DUI based on demeanor alone. You may think you were doing fine, but that may not be what the camera shows. You would be well advised to hire a lawyer.

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  10. When there are three heirs with one executor, can the two non executor heirs override the decision of the executor?

    Answered over 1 year ago.

    1. David M. Rich
    2. E Dwight Taylor
    3. John R Phillips
    4. Kelly Scott Davis
    5. Charles Adam Shultz
    6. ···
    6 lawyer answers

    I would only add to the excellent legal analysis that has been given that the executor is going to have a hard time setting up an LLC and getting a loan if even one of the heirs refuse to cooperate. The property is held in the estate for the benefit of the heirs. Removing it to an LLC would be an unauthorized distribution. When he walked into the bank to get a loan, it would be unlikely that they would talk to him. If the executor wants to wheel and deal with the estate property, have your...

    8 lawyers agreed with this answer

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