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Philip Palmer Lindsley
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Philip Lindsley’s Answers

73 total


  • Can a lottery winner remain anonymous or are there other ways to claim a prize without using your legal name?

    I understand that the state of California requires that the name of any lottery winner be made public, however, are there any other ways that one can claim a lottery prize without using their personal name such as claiming the prize in the name of...

    Philip’s Answer

    There are a few states that allow anonymous winners...but unfortunately, California is not one of them. However, if you are trying to avoid the appearance of control and management of the winnings to provide some talking points in dealing with family and old "friends," there are some estate planning tools you can use. See an experienced Estate planning attorney in your area.

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  • Will my fathers will from Maryland be recognized in California?

    My father was living in Maryland where he made his Last Will and Testament, medical directive, and power of attorney. He has since moved to California. He is being told that if he is to pass in California. his trust will go into probate and none o...

    Philip’s Answer

    The MD documents will be recognized in CA. However, if Long Term Care is a possibility, he might want to check on whether or not his plan provides for the flexibility for using the asset preservation techniques allowed in CA. Our Medicaid/Medi-Cal rules are different here, and he may not have all the tools in the MD plan that are helpful here in CA. .

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  • Need Medi-cal for long term care of Father in law. Asset ownership and responsibility in question. Please help.

    My father in law is in a tough situation. He has been battling alcoholism for years and it finally caught up to him. Currently he is being treated in the hospital and he will need to be placed in a skilled nursing home facility and then assisted l...

    Philip’s Answer

    We hear a lot of stories like that. The Long Term Care Medi-Cal program is unlike any other Medi-Cal program, with much more liberal eligibility rules. Do not assume he would not qualify until you have spoken with a Certified Elder Law Attorney (CELA). His income is irrelevant to eligibility for this program, though it might result in a "share of cost" he has to pay. Still, that, in a worst case scenario, would be less than his income. That's a lot better than private paying or trying to do the job at home when he needs a level of care you cannot provide there. There also are exceptions to the recovery rules, and effective strategies to avoid recovery. Again, call a CELA in your county.

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  • Who is next of kin of a deceased unmarried man with adult children and no will or power of attorney?

    My father passed away a few days ago. My grandmother came here from another state about a month ago to help care for my father and has been making all the decisions for him and not advising me or any of my siblings of any info. He has no valuables...

    Philip’s Answer

    His children in equal shares. If any of your siblings ( his children) predeceased him, and left any children (your nieces and nephews) those children take the share of your deceased sibling, divided between/among themselves.

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  • Can my deceased mom who died after her dad still get her inheritance from his estate?

    My grandfather passed away in 1992 and we are just now settling his estate. My mom who is listed as one of the beneficiaries died in 2008 so her portion will go to her estate however I am being told by my cousin who is handling the estate that th...

    Philip’s Answer

    It will depend on what the trust, or if there is no trust, what the will says. Typically, the distributive share of a pre-deceased beneficiary goes to their heirs...which would be you and your siblings, if any. If there is no trust or will and it is an intestate estate (no estate planning documents), that is definitely what happens...at least in California. I'm also not sure from your facts where this estate is being probated...but you should seek the advice of an attorney in that location. You might also call the attorney who represents your cousin. Your cousin may simply misunderstand, and the attorney can set them straight, If your cousin does not have an attorney, and is attempting to represent themselves, then it is even more important to see an attorney to protect what may be an inheritance for you from being mishandled through lack of understanding.

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  • Another question regarding my husbands facility.

    I am my husbands POA, I gave a copy of the paper to one of the girls the other night. She looked at it and couldnt understand it. but said she would give it to the administrator.Now it is going on day 4 with no response from anyone there. The othe...

    Philip’s Answer

    I am assuming that this is a Health Care Power of Attorney, and that it is clear that your husband lacks any capacity to make any health care decisions himself. If that is the case, I would send a letter to the administrator of the facility, and any outside agencies providing services, enclosing the power of attorney, and documenting your difficulty in getting compliance and cooperation. Say you are trying to clear this up directly with them prior to filing any complaints. If this doesn't work, your next step varies on whether this is a skilled nursing or assisted living facility. Either should have information on premises about the procedure for filing complaints. If this doesn't resolve the issue, seek the advice of an elder law attorney.

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  • How long do you give a trustee when requesting a copy of a trust?

    I am a beneficiary in my father-in-laws Trust, as a beneficiary I understand that I am entitled to a full copy and any amendments to his Trust upon written request. I have two questions? What is a reasonable time to allow my sister-in-law the Tru...

    Philip’s Answer

    Your rights vary based on whether or not the creator(s) of the trust, presumably your father-in-law, is still alive or not, if he is not, Mr. Brummer's answer is spot on. Even if he is, you may have the right of review under certain circumstances. A probate attorney with experience in administration issues shoul be able to help you protect your interests.

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  • Can I nominate whoever I want to run my dad's probate estate?

    My dad recently died and I was his only child. He had a house. I do not want to be in charge of the estate. Can I have my mother run the estate? She was never married to my dad.

    Philip’s Answer

    We can't tell if from your question whether or not this will be a trust administration or a probate. If trust, it would largely depend on the terms of the trust. For a probate, it would depend on whether or not there was a will with instructions on who should be serving, or intestate (without a will). As with the trust, a will may (or may not) provide a process for successor representatives. Either way, as an only child, you have standing to formally nominate your mother. Whether or not she can be appointed or take office will depend on the above variables, and a variety of other factors. Please see an attorney in your area familiar with trust and probate administration.

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  • What type/title of lawyer can advised me thru selling of parent's Estate?

    I am Executor of Will with multiple beneficiaries (ranging ages 4 - 58 yrs old). Last parent, Mother died 11/2014, I will be selling parent's home in San Diego, CA. After sell, I plan to pay any outstanding debt of Mother, then distribute rest to ...

    Philip’s Answer

    The expenses of trust administration should be born by the trust. It is the trustee, not the executor under the will who has the power to sell. While that's often the same person, it is a different role, important to keep separate and understand. I suggest you consult with an attorney familiar with trust and estate administration. In addition to guiding you through the questions you ask, there are other notices and requirements that need to be followed to keep the Trustee safe and avoid personal liability. Such an attorney can not only answer your questions, but help you know the answers to questions you haven't thought of. The process is not difficult or time consuming, and it unusually does not entail any court involvement.

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  • Do I need a probate attorney

    62-year old woman living with parents hospitalized in ICU with organ failure due to alcohol dependency. Elderly and incapacitated parents providing $10,000 for her to live independently once discharged from the hospital. Would it be a good idea t...

    Philip’s Answer

    No, that would not be the best way to handle it. More costly than alternatives, would involve court, and she could oppose...requiring a trial. By far, the best option is a trust crafted with her condition in mind. With the small amount in mind, a pooled special needs trust may be cost effective. They should consult an elder law attorney in their area to explore best options.

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