Martin Pierce’s Answers

Have I done enought to protect myself from my grown stepchildren in the event my husband pre-deceases me?

Martin’s Answer

• October 26, 2012 9:19pm

You have received some good information in the previous answers -- let me know if I can help since I am close by in Chattanooga or you prefer a reference to an attorney in Cleveland.

Martin Pierce
423-648-4303

If my name is on an estate as an heir do they legally have to contact me when my relatives pass?

Martin’s Answer

• October 9, 2012 7:23pm

In Tennessee, there is a statutory requirement that each beneficiary under a Will and each heir at law of an Estate is to be given (by the Personal Representative of the Estate) either a photocopy of the WIll or of the Section(s) of the Will under which they are named to take. Other States may or may not have such a requirement, so it depends on the State where your Grandfather is a resident at his death.

The above information is for educational purposes only. No attorney-client realtionship exists or can be established except through a signed, dated and returned engagement letter to me.

Can stock/bonds monies be put in a trust or annu. for WWII vet spouse to use for financial aid in Asst Living Facility?

Martin’s Answer

• August 15, 2012 7:35pm
• Selected as best answer

I am also not sure about your question, so it would be better to talk by phone or set up an appointment to answer your questions and provide you and your family with information concerning Elder Law, VA Benefits, Medicaid and Estate Planning issues.

Martin Pierce
423-648-4303

My father passed away on April 5, 2012. He didn't have a will or an estate. I'm trying to access his bank acct and can't

Martin’s Answer

• July 3, 2012 6:40pm

There are several facts about the bank account that will need to be determined before a definitive answer can be provided -- was the bank account titled in your father's name alone? what is the balance in the account? Was there any POD or TOD designation on the account? etc. Please do not hesiatate to contact me if I can be of assistance to you and your family. Martin Pierce, Hixson, TN 648-4303

In Tennessee regarding the affidavit of inheritance, there is a section referring to a lein. In this section it asks about a

Martin’s Answer

• July 3, 2012 6:36pm

Although Affidavits of Inheritance can be used in differfring situations, I believe you are referring to the Tennessee Department of Revenue, Vehicle Services Division Formfound at the following link: http://www.tn.gov/revenue/forms/titlereg/f1310501Fill-in.pdf. If that is correct, then the lien that is being inquired about in that form is, indeed, only a lien or liens on the automobile in issue. I hope this help!

My son who is in a level 1 facility lost medicaid because his social security increased

Martin’s Answer

• May 12, 2012 6:07pm

Two suggestions -- (1) prepare a specialized irrevocable trust for some of his income so that he will once again meet the income limit eligibility requirements (this trust is commonly referred to as a QIT or Qualified Income Trust) and (2) in the meantime, contact your area's Medicaid Omsbudsman:

Sandra Smegelsky
Long-Term Care Ombudsman
Metropolitan Inter-Faith Assoc.
910 Vance Avenue (38126-2911)
PO Box 3130
Memphis, TN 38173-0130
Tel: 901-527-0208 ext. 215
Fax: 901-523-1266
E-mail: [email protected]
www.mifa.org

Mother made xmas gift of $500 to her family totaling $7,000. Is this Medicaid exempt?

Martin’s Answer

• April 28, 2012 6:33pm

Those transfers, less than 5 years ago, are not exempt for Medicaid purposes. The value of any transfer, to the extent that it is for "less than full and adequete consideration," made at any time within the 60-month period preceding the date of filing of a Mediciad Application, is brought back in and included as an asset or resource of the applicant.

Per TN law is the executor and/or the estate responsible for the debt of the descendant?

Martin’s Answer

• April 16, 2012 7:18pm

The Estate is responsible and liable, to the extent of its assets, but the Executor is not personally liable for the debts. The Executor, in a fiduciary capacity, is to handle and administer the Estate according to the law and the WIll, and payment of the decedent's debts (with the decedent's/estate's) money and assets) is a part of that duty.

Is it possible for my brother's wife to take the house and land my mother left to the family?

Martin’s Answer

• April 13, 2012 9:07pm

I agree that there is not enough information at this point to answer your question. When you meet with an attorney, it would be helpful if you had a copy of the Deed to the house/land involved, plus copies of your Mother's and Father's Wills or Revocable Living Trusts.

Do I need an lawyer to file a small estate affidavit?

Martin’s Answer

• April 12, 2012 6:57pm

In Tennessee, there is no legal requirement that you must have a lawyer to file a Small Estates Affidavit or assist you with it. In most counties, you could handle the paperwork and filing yourself. However, each County in Tennessee operates a little differently than the others when it comes to Probate matters, and each County has its own local rules, so it may be that the County where your father lived does require (or very, very much desire) that you have an attorney involved. I suggest you ask for the Clerk or Deputy Clerk of the Court, and ask them iuf you could handle it yoiurself, with an attorney involved. If they still say that a lawyer should help you, I would go with what they say.