Does MassHealth seek reimbursement and have access to personal property outside of the commonwealth of MA?
Jennifer's answer
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Answered on October 31, 2021
MassHealth's claim can only be exercised through a probate process. If mother's remaining assets are in trust, or name beneficiaries, MassHealth...
Are annuities a good source of asset protection regarding nursing home eligibility ?
Jennifer's answer
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Answered on October 31, 2021
Some specialised annuities can make it possible to qualify for medicaid under the asset rules for long-term care, where there is a community...
Can a representative who is both legal guardian and conservator of an incapacitated person, lease an apartment.
Jennifer's answer
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Answered on October 17, 2021
If your Uncle is in nursing home, you should consult an attorney who handles medicaid applications. Yes, he might qualify, even if he owns a...
Bank account inheritance ?
Jennifer's answer
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Answered on October 17, 2021
The bank probably wants a tax i.d. number. There is no inheritance tax, provided the estate really qualified for voluntary administration. A tax...
My Mother passed away four years ago with no will. My brother and I are the only heirs but my brother passed away in sept 2021.
Jennifer's answer
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Answered on October 13, 2021
On the facts as you describe, your brother's heirs will divide his share. But the important thing to realise is that you will need to probate your...
Elder law questions on Joint bank accounts ?
Jennifer's answer
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Answered on October 12, 2021
This was a bad idea from the start. I'm sorry. I know it didn't feel like a bad idea, but the rules are complex, and often counterintuitive. Please...
My mother recently passed away. Eleven yrs ago she gave a warranty deed for her home to my sister.
Jennifer's answer
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Answered on October 07, 2021
You are absolutely correct. On the facts as you state them, the will does not control, because the property is not part of the probate estate. Tell...
Can personal property be put in a revocable trust in Massachusetts before death? Will it avoid the probate court?
Jennifer's answer
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Answered on October 02, 2021
Yes! There is no reason why your trust should not own your personal property! In my practice, I have my clients sign a formal document transferring...
Does a beneficiary override a will?
Jennifer's answer
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Answered on October 02, 2021
A will only governs property that has no beneficiaries named. If there are beneficiaries on an account, that account will not be affected by the...
Mom passed away with no will. Will house with lien be forced to sell by lien holder ?
Jennifer's answer
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Answered on September 29, 2021
If tenancy is really in common (this depends on the exact language of the deed) between your mother and your sister, your mother's interest will...