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Matthew M Luedke's Answers
- 41 Legal Answers
- 1 Legal Guide
3
Attorney answers:
Does a will or living trust need to be notarized to be valid?
RCW 11.12.020 does not require that a Will be Notarized to be valid. The statute states that the will must be in writing and signed by the Testator. The will must also be signed by two witnesses who are in the presence of the Testator when they sign as witnesses. It is a common practice in Washington to complete a "Self Proving Affidavit" at the same time a Will is signed. Unless this affidavit is also attached to the Will, the court in a probate proceeding may require that the witnesses to...
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1
Attorney answers:
Veteran Benefits?
Your question is not all that uncommon. The program that you may be referring to is a VA Pension called Aid and Attendance (A&A). A&A can provide some much needed assistance in paying for your parent’s care needs and ensuring that they always have enough. A&A has five basic criteria: First, the claimant must be a Veteran or a Widow of a Veteran that served at least 90 days of consecutive active duty, one day of which was during a war time period. It is not necessary that the veteran...
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3
Attorney answers:
Is Visa a countable asset for Medicaid?
A loan is not an asset for the purposes of Medicaid qualification, however it may be counted as a liability. For instance if you have $5,000 cash and a $4000 Visa bill, you should be able to count this against your assets to lower your available resources.
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3
Attorney answers:
Is Visa a countable asset for Medicaid?
A loan is not an asset for the purposes of Medicaid qualification, however it may be counted as a liability. For instance if you have $5,000 cash and a $4000 Visa bill, you should be able to count this against your assets to lower your available resources.
2 people marked this answer as helpful
1
Attorney answers:
Elder law - COPES- Medicaid? How much of my monthly income do I "get to keep?"
A married COPES Patient in their own home gets to keep up to $674.00 as their personal needs allowance. How this works in practice is that you first deduct $674.00 from your income as your personal needs allowance. You then deduct from your remaining income your monthly health insurance premium. Any amount of income that is above and beyond the sum of ($674 + Health Insurance Premium) will be paid as your "Participation" in the cost of care. You will write a check for this amount directly...
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2
Attorney answers:
My father need help he wants me to get his house in puerto rico what form dose he need to fill out living trust or estate plan
There are two basic mechanisms for transferring assets at death: a Revocable Living Trust and a Last Will and Testament. Whether you chose a Will or a Trust is a personal choice that will depend largely on your specific facts. For instance, a Last Will and Testament is an easy option for transferring assets at death. You create the document and do not need to take any additional steps until the Testator dies. Upon death, it will probably be necessary to do a Probate of the Will. In general...
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3
Attorney answers:
Is a fire proof safe a good substitute for a safe deposit box?
I agree with my collegues on this question. A quality fireproof safe will likely protect any documents in the event of a fire. I typically recommend that my clients keep their estate planning documents in a fireproof safe, but never lock it. In the event of your death with either a fire proof safe or safe deposit box, extreme locksmith fees can occur if the Trustee or Personal Representative cannot find the key or combination.
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4
Attorney answers:
How do I change the personal representitive of my fathers will?
In order to change the Personal Representative you will have to have your father sign the new Will. If this is not possible, there is really nothing you can do at this point. Once your father passes away, you can petition the court to be appointed as Personal Representative. Because his current will states that his sister and neice are to be appointed, each of them can simply refuse to serve as PR. The Washington statute then permits family members to petition the court to be appointed as...
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2
Attorney answers:
My son died of a sudden heart attack. He was not married had no children, no will.
The Washington Intestacy statute provides that if your son died with no children and no spouse or registered domestic partner, then both of his parents are the beneficiaries of his estate, equally. Each of you have the right to petition the court to be appointed as the administrator of the estate. If you are not named, you can request special notice and his father must account to you for actions taken. Because of the potential conflict between you and your exhusband and given the fact that...
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2
Attorney answers:
Can my parents make monetary gifts out of their home sale proceeds prior to applying for Medicaid/COPES?
If the recommendation of the social worker is that gifting will help you get your parents eligible for Medicaid faster seems incorrect to you - you have good instincts. It would be contrary to public policy for the state to permit transfers of assets to non-disabled children in the final hour before the state takes over the burden of paying for care. The social worker appears to be confusing the federal annual exclusion amount with state Medicaid law. A married couple that are both in need...
1 person marked this answer as helpful