Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 19
  1. Is a Revocable trust a good idea to protect my primary residence from possible Medicaid Estate recovery after my death?

    Answered 8 months ago.

    1. Kelly Scott Davis
    2. Loraine M. DiSalvo
    3. Drew Norman Early
    4. Diane Beth Weinberg
    4 lawyer answers

    Under federal law a revocable trust is treated as an available asset so it won't protect the house. Certain irrevocable trusts, however can do the job, but you have to give up ma lot and then wait 5 years before making application for Medicaid. There are other ways of accomplishing what you want, depending upon state law, but the cost of doing it wrong would be great. Your best course of action would be to consult with an elder law attorney experienced in Medicaid planning in your state. Use...

    9 lawyers agreed with this answer

  2. Am I liable for my father's nursing home fees?

    Answered 10 months ago.

    1. Kelly Scott Davis
    2. Richard Todd Rosenstein
    3. David Ian Schoen
    4. Luca Cristiano Maria Melchionna
    5. Roger Banks
    6. ···
    6 lawyer answers

    The likelihood of finding an American attorney who is familiar with elder law in Italy is remote. The issue is whether there is a filial responsibility law in Italy and whether it can be enforced in the US. Since your father is an Italian citizen, I suggest you contact the Italian embassy. I will change the practice area of your question to get it before attorneys would do international law. Perhaps they have an answer.

    9 lawyers agreed with this answer

  3. 2 siblings have brainwashed my 94 year old mother and have taken over financial and health care POAs. What can we do?

    Answered about 1 year ago.

    1. Kelly Scott Davis
    2. Ryan Wesley Collier
    3. Lawrence A Friedman
    4. John P Corrigan
    4 lawyer answers

    You can either petition the court for guardianship, which will no doubt be fought by your siblings, or you can report your concerns to Adult Protective Services who will investigate and take action if they determine elder abuse has occurred.

    9 lawyers agreed with this answer

  4. Is a licensed agency responsible for actions of referred caregiver who never went to home. Imposter stole and mental tormented.

    Answered about 1 year ago.

    1. Denise Leydon Harvey
    2. Kelly Scott Davis
    3. Lawrence A Friedman
    4. Carol Cioe Klyman
    4 lawyer answers

    You indicate that there is a lawsuit. What does your attorney say about its status? None of us have seen the contract or the pleadings so we can't comment.

    9 lawyers agreed with this answer

  5. If it is stated in a will the person wants a ground burial but no funds are available can they be cremated in place of it

    Answered about 1 year ago.

    1. Nicholas Isaac Andersen
    2. Kelly Scott Davis
    3. Anastatia Quirk Ellis
    4. Dennis Michael Phillips
    4 lawyer answers

    I person should never count on funeral instructions contained in their Will to be followed. Think about it. If you say you want buried in your Will, that document might not be found until after the funeral and if they cremate you it is too late to do anything about it. Even if you tell your wishes to all your friends and family they may forget. The safest and best way to handle your funeral and make your wishes known is to go to the funeral home and purchase a pre-paid funeral plan. The funeral...

    9 lawyers agreed with this answer

  6. Can I file a claim for caregiver fees on an Estate?

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Celia R Reed
    3. Kari Dawn Coultis
    3 lawyer answers

    In order to have a successful claim against the estate you will probably need to have had a written care agreement in place, otherwise the heirs can claim you acted out of love and affection. You need to make an appointment and consult with a probate attorney.

    9 lawyers agreed with this answer

  7. I ran into the Probate process and I think I may have done things out of order and I need clarification.

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Steven M Zelinger
    3. Laura Waggoner Moore
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    At this point you should gather all the paperwork up and take it to a probate attorney to review and give you advice. One problem with short form, small estate, or summary probates, by whatever name, in most states they do not cut off creditor claims. A lawyer might be able to write a letter to the creditor explaining that there are really no assets to speak of.

    9 lawyers agreed with this answer

  8. How do I move Kim's money so that she will get va benefits and Medicare asst. without them taking it all

    Answered over 1 year ago.

    1. Kelly Scott Davis
    2. Inga L Stevens
    3. Lawrence A Friedman
    4. Clifford Michael Farrell
    5. Vance Tate Davis
    5 lawyer answers

    Medicaid, not Medicare, should be your concern. Medicaid is a means tested program, meaning that a person can only have a limited amount of resources in order to qualify. You need to talk in private with an elder law attorney who does Medicaid planning in your mother's state to get advice and have the options explained. .

    9 lawyers agreed with this answer

  9. What documents do i need to attach to my power of attorney?

    Answered over 1 year ago.

    1. James Donald Garrett
    2. Joseph Michael Pankowski Jr
    3. Kelly Scott Davis
    3 lawyer answers

    If you don't know any attorneys in Israel, contact the Israeli embassy.

    9 lawyers agreed with this answer

  10. What can I do if I think my ex-sister-in-law took advantage of my elderly mother and stole some property from her?

    Answered over 1 year ago.

    1. Lisa Beaird Shoalmire
    2. Kelly Scott Davis
    3. Adam Nelson Rieck
    3 lawyer answers

    It is up to your mother to pursue your sister-in-law since it is your mother who is being harmed. If she is unable to due to incompetency, then a guardianship will need to be filed. The issue will be whether the transfer was intended as a sale or a gift. Hopefully there was some documentation to show the intention that the property was being sold. If your mother suffered from diminished capacity when the transfer was made, or if she was exploited or otherwise defrauded into the transfer, then...

    9 lawyers agreed with this answer

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