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Rajiv Nagaich

Rajiv Nagaich’s Answers

3 total

  • What kind of attorney to contact? Do i have a case?

    my mother is mentally ill she has bipolar and is schizophrenic, she had a care giver from catholic community services give her a oxy cottin (pain pill) because she was complaing of pain in lower tummy cos she was about to have a hysterectomy. Her ...

    Rajiv’s Answer

    Sorry to hear about your mother's ordeal. I would agree that these are difficult cases and I would rather see you spend your energy in making sure that this does not happen again. That said, you may have a case depending on many facts. Many facts will need to be discovered before the viability of the claim could be established. Rajiv Nagaich.

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  • What is the best way of leaving my husbands adult children his half of our homes sale price, or entire home once I am gone?

    My husband is 18 years my senior. In the case he preceeds me in death, he would like his (2) adult children to either recieve 50% of the proceeds upon a sale of our home prior to my death or have them simply inherit 50% each of the home after my ...

    Rajiv’s Answer

    Besides the general advice that is provided, have you considered the possibility of losing the home to uncovered medical or long term care costs? If your goal is to make sure that your and your husband's children end up getting the property you should make sure that you have planned around the issue of uncovered medical and long term care costs as well. Nursing home costs running at about $12,000 per month will eat into the assets quickly. The answer would be either a Will or a trust with a safe harbor trust provided in the isntrument. Upon your husband's death his share of the home will be held by this safe harbor trust which will insulate the assets from uncovered medical costs while allowing the trustee to use the assets for your needs if called for. What seems to be a simple issue is really more than that. See the assistance of a good elder law attorney and you will get good results. Rajiv Nagaich.

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  • I am 59 and have a question about legal guardian of my two beautiful grand children. Can I receive assistance from the state?

    I would like to know about childcare and financial aid as when I retire I will be on a fixed income. The mother my daughter isin agreement with this.

    Rajiv’s Answer

    Support for your children should not have anything to do with your income or assets as you are not the natural parent or in a position to be legally obligated to provide for the children. As such, yes, you should be able to get assistance. While you are thinking ahead, think about your estate plan and how you can incorporate provisions for your daughter and your grandchildren. Use of safe harbor trusts and contingent trusts would be most useful, especially if your daughter is receiving any state assistance. Hope this helps. Rajiv Nagaich.

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