Mark David Albertson's Answers

HOW DO I PROTECT MY SAVINGS IF I BECOME ILL

Your concerns are very real, and shared by many Americans today. It sounds as though you aren't headed for skilled nursing immediately, so you may have time to plan prior to the necessity to have a higher level of care. Most people immediately think that if they gift assets to children or friends to "hold" for them, they can qualify for Medicaid. But Medicaid rules say that any gifts made within 5 years of applying for Medicaid create a potential ineligibility period for qualification. If...

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Do you have any recourse if the executor is ignoring the stipulations in the will (for her own benefit)?

Depending on the law in your state, will statutes generally require the person having possession of the will to file the will with the court within a specified time frame. If the will controls any of your grandmother's property, your aunt (the executrix) is required by law to follow the will exactly, and she is personally liable for not doing so. One of the challenges sometimes is determining what property would be efffected by the will, since assets with beneficiary designations on them (...

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My son with autism will be turning 18 soon. What do I need to do so that I can continue to sign for him? (medical papers, etc.)

The answer will depend on whether your son is mentally "competent" or not. Because autism is a spectrum disorder, many kids with autism function mentally at a level in which they would be considered to be competent. If he's competent and willing, he could sign Durable Power of Attorney and Health Care Power of Attorney, making you his agent, so that you could sign legal papers for him, and have the ability to have information and input on his health care. If your son is not mentally...

Mother passed leaving property to 3 children? what are the options if children dont agree?

The first and best option is for the three of them to try to work things out on their own. If they are unable to agree, there are trained mediators available who may be able to help. Because they are siblings, they have a continuing relationship to maintain, and it would be a shame to allow their relationships to deteriorate because they can't agree. In the event this doesn't work, and assuming the will doesn't contain a clause allowing a sibling to buy out the home from the others, if they...

My mother has dementia, rheumatoid arthritis which prevents her from being able to sign financial papers.Can Dad sign for her?

Legal competence is just not cut and dried. In situations where competence is somewhat questionable, I often recommend to clients that they have the person examined by a geropsychologist, if one is in your area. If the professional believes that your mother is legally competent, then you could proceed with having her sign a durable power of attorney. On the other hand, if she's not, you might consider consulting with an elder law attorney about the pro's and con's of guardianship....