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Richard Scott Stewart's Answers
- 113 Legal Answers
- 6 Legal Guides
3
Attorney answers:
Elder abuse
As previously stated, call adult protective services and the ombudsman to discuss this matter. Your facts, as stated, really don't make a lot of sense. The facility obviously disagrees with your position that your father has capacity, otherwise they would let him discharge himself from the facility. I would suggest that you collect as much information about your father's present condition and present it to those authorities. If you do not have successful result you should consider speaking with...
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3
Attorney answers:
MediCal eligibility and avoiding recovery for Mom (widow, 81 w/ health issues) who moved from rural home to mobile in MH park
As previously stated you should consult with an elder law attorney. The issues here are not limited to Medi-Cal, you need to consider the tax consequences to these actions. You don't want to lose your step-up in basis or your prop 13 property tax valuation. Further, the 30 month look back could be a problem, even if you are transferring an exempt asset (i.e. the home). In this case, the home would only be exempt and therefore transferable if she "intends to return home". This position may not...
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3
Attorney answers:
What can you do to an elder who may/may not have a living trust. He refuses to discuss anything regarding anything.
If you care about this person and he is truly a danger to himself you should open a conservatorship in LA. You should expect this process to be expensive and perhaps difficult depending upon the level of capacity that he has and his ability to meet his care needs. Before you do anything you should consider discussing the matter with an experienced conservatorship attorney. This attorney may be able to give you some strategies to deal with this person and help you to achieve the right result...
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3
Attorney answers:
Hello: Grandmother deceased
To the extent that there are assets of her estate, her estate will be responsible for those bills. This is true whether she died intestate (without a will), with a will, or with her assets in a trust. If there are assets you should contact a local probate attorney to assist you with the estate's administration. Additionally, you will need to notify various government agencies of her death and will likely have to file a final tax return.
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4
Attorney answers:
My father, a widower, was in a skilled nursing facility on Medi-Cal from April of this year until his passing last week. I have
you should notify Medi-Cal of your error and inform them that the property was transferred out of your father's estate five years ago. They likely will want to verify that by reviewing the trust and the deed to the property. You should meet with the attorney who set up the trust, or another elder law attorney, who can help guide you through this process.
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3
Attorney answers:
Two married folks have created a family Trust. After one party has died can the other now change what the deceased had desired?
The answer to this question depends upon what the trust says. Many "family trusts" have revocable and irrevocable components to them upon the death of one spouse. Other trusts can continue to be modified after the death of a spouse. If you have concerns about the survivor's actions you should have the trust reviewed by an estate planning attorney who will be able to tell you whether the document can be changed.
1 lawyer agreed with this answer
3
Attorney answers:
Statutory of limiltations
If the trust is still open there is no statute of limitations on your ability to contest the trust. That being said, if the trustee has provided you with proper accountings and given you sufficient notice of her actions you may have waived your right to complain about those issues. You should bring all of your documents into a local probate attorney to be reviewed, since this case will likely hinge on whether the omitted letter from your grandfather constitutes an amendment to the underlying trust.
1 lawyer agreed with this answer
4
Attorney answers:
Does California tax income from a Trust Fund based out of state?
I believe that the prior answer is probably the correct one, however, it is possible that you will not have to pay California state income tax on your Washington trust. This would be if the trust was irrevocable (likely created by another person) and had its own TIN number. I would strongly suggest that you have the trust reviewed by a local estate planning attorney to determine what kind of trust you have and to opine about your tax liability.
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2
Attorney answers:
Temporally change of power of attorney
You may or may not need to prepare new powers of attorney (health and finance) depending upon what her current documents say. If those documents have you as the successor agent, your sister could resign and then you would be able to step in. On the other hand, if you are not named as the successor then your mother will need to prepare new documents.
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1
Attorney answers:
My mother and I had a joint checking and savings account.Can a county public guardian/conservator remove those assets?
The short answer is probably yes. There are two types of conservatorships and you have not indicated whether this was a conservatorship of the body or of your mother's finances. If the conservator was granted authority over your mother's assets, the conservator has the same rights to access those funds as your mother and therefore the conservator can utilize those funds for your mother's benefit. The conservator will probably assume that all of the funds in that account belong to your mother...
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