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Barbara S Schlichtman

Barbara Schlichtman’s Answers

12 total


  • My father died without a will. The house is in probate. Three heirs. Can my mother sell without my consent?

    Barbara’s Answer

    The first question I would answer is "who owns the house?" Good luck.

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  • HOW CAN I GET POWER OF ATTORNEY OVER MY GRANDMOTHER AND HER ESTATE?

    Barbara’s Answer

    If your grandmother has capacity, she needs to see an attorney and sign a durable power of attorney for finances. She should also have an advance health care directive. If it is too late to execute these documents, then a guardianship/conservatorship may be appropriate. Also, the promise of the house is meaningless unless the appropriate documents are in place.

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  • Maine care and home ownership.

    Barbara’s Answer

    Your question raises several issues. The law that you're referring to is known as "estate recovery." Federal law mandates that states seek reimbursement for care provided through Medicaid (MaineCare). In terms of one parent being left homeless, there are exemptions in the MaineCare rules that protect a spouse who is a joint owner and/or living in the home. I don't want to get too specific without knowing details; however, you should definitely set up a consultation with an elder law attorney near you. Make certain the attorney practices elder law because the MaineCare rules are very specific and not all attorneys understand them. I have attached a link to an article from the Maine Legal Services for the Elderly about estate recovery.

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  • Who needs to sign a Durable Power of Attorney?

    Barbara’s Answer

    First, your mother should trust the person named as agent implicitly. Yes, your mother can choose to name two people. I recommend naming a successor where there are appropriate options. Yes, it is technically fine for the same people to be named in the advance health care directive; however, this is a very important decision. Your mother should select whoever she believes will best handle the responsibility. She should also talk about her wishes with the person named as the health care agent. I agree with the other answers on the importance of drafting these documents with an attorney.

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  • My step-father retained a probate attorney for my mother's estate.

    Barbara’s Answer

    I would also check with the Probate Court to see what has been filed with the court. In some states, all of this information is available online.

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  • My Mom is in a Nursing home, and I have Power of Attorney. Can I sell my house. The House is in my name.

    Barbara’s Answer

    Without have all of the facts, two pieces of advice I would offer are to be aware whether you are dealing with any gifts from your mother to you that would create a Medicaid transfer penalty. Second, thoroughly understand her long-term-care policy. For example, if there is a maximum daily amount that does not cover her care, then she will still be paying out of her pocket to cover the balance.

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  • Wife and I are77 and 87 no dependents. Each has will leaving everything to other. What must she do if I predecease her?

    Barbara’s Answer

    The fact that you are concerned about who would care for your wife if she is disabled is a very important consideration. You should speak with an elder law attorney to learn about your options. The answer goes beyond the scope of this website; however, you are very smart to think about planning ahead. At a minimum, make certain each of you has good power of attorney and health care directive documents. This would help you avoid guardianship or conservatorship later in life.

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  • Written agreement with Mother outlining compensation for elder care

    Barbara’s Answer

    It may be helpful for your sister to under the purpose of such an agreement. Often the role of the written agreement is to avoid a Medicaid transfer penalty in such a situation where your mother may have wanted to contribute to household expenses, etc. Without the agreement, any payments could be treated as gifts.

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  • My husband passed away suddenly with no will. I am on the deed of the homes do I need a probate process?

    Barbara’s Answer

    I agree you should meet with an attorney; however, the first thing that I would do is see whether either of the deeds mentions that you and your husband owned the houses in joint tenancy. If so, this means that you own the properties as the surviving joint tenant.

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  • For medicaid exemption, can elderly dad's home be titled jointly with daughter?Or, can it be transferred to dad later for$1

    Barbara’s Answer

    Granting joint title or a $1 sale would probably create a gift resulting in a transfer penalty. If the issue is getting father to a meeting, other options would be to utilize a power of attorney or conservatorship.

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