My mother was approved for title 19 in the state of CT. My problem is that she also has a Long Term policy That pays 80% of a daily max of 221.00 or 176.80 a day . The state is telling me that if her monthly max from the state is 5900.00 they will...
It may be possible, depending upon facts not in your question to qualify for a hardship exemption for some of the Long term care benefit or possibly other offsets. You definitely need to see an elder law attorney.See question
I am just curious to know if a person can hide a dementia diagnosis and plan their spouse's estate?
Yes it is important that an attorney doing estate planning for someone understand or form an opinion about that individuals legal capacity. As to your second question, ". . .can a person hide a dementia diagnosis and planned their spouse's estate?"; the answer is not as simple. The first point is it is necessary to realize that someone with a dementia diagnosis may still be legally competent to do estate planning. Often times the spouse who does not have dementia will do what is referred to as "covering" for the spouse with dementia. That is a very normal practice among spouses trying to keep up appearances and in many times to maintain the relationship between them. It can be a product of just general denial that it's not that bad yet.
But I suspect the real point of your question is can this be done with bad intentions to get the person with dementia to do something they otherwise would not do. This is a continual concern for virtually every attorney who's doing estate planning for older clients. All of them do the best they can to never assist someone else, whether it's a spouse or other individual, in in leading, influencing our otherwise getting that individual to do something that they did not intend of their own free will.
If the real question is it appropriate or a spouse to hide the capacity of their spouse to get Planning done; then the answer is no it is never appropriate, in my opinion.See question
Mom is 85 and would like to quitclaim her home to me for $1.00. Is that possible in West Hartford, CT or are there other rules that apply?
The short answer to your question is a qualified yes your mother can gift the house to you. However, there are potentially significant income tax issues. In addition, there are issues with long-term care should your mother's health becomes such that she needs assistance to be able to stay home or even worse yet if she needs nursing home level care. Depending upon other facts in your mother situation there may be even gift tax concerns that have to be addressed.
In short, your question is simple but to do the best thing for your mother and ultimately for you there many other things that need to be considered and are certainly better ways to get the end result that I suspect you have in mind that doing a quit claim deed for a dollar. There are likely other issues that would need to be considered depending upon many facts that are not knowable without an actual consultation.
The best advice you've received so far is you need to talk to an experienced elder law attorney. An experienced elder law attorney can help figure out the best way to get to the result that your mother wants. This is a significant area of practice for us.See question
I have clients who are husband and wife, and are taking themselves, all their children, their spouses and grandchildren on a trip to Europe. Their wills allow for 1) the spouses to be the executors, and if one or both die, then their son. Howeve...
While not explicitly stated in your question, it seems the concern may be that something could happen to the entire family while in Europe. If this is the case, then simply redrafting the will to provide who would be the executors in the event that those currently named or unavailable for whatever reason. It is highly impractical, perhaps impossible, to revive an old well after having properly executed a new will.See question
I am second time married and have 2 kids from privies marriage. I have a house before my marriage where are we leaving now with two my kids. Mortgage on my name and I am almost done with the payment. I want my kids have a house if something hap...
Wills do not necessarily control who receives your property. This is especially true in the case of married individuals. If you want to make absolutely certain that your husband will not receive any portion of the house and that it will pass to your children you need to do planning that uses either a revocable or irrevocable trust. These tools can be used to overcome a spouse's statutory right to claim against your will and of course avoid intestacy (dying without a will) which will produce an even much worse result.See question
The town valued the house at 131k and it sold for 129,900. Doesn't this count as a loss and therefore not income?
The 1099-S reports the proceeds from a sale transaction. Based on what you're saying is the transaction resulted in a loss. As was pointed out in an earlier answer you received a basis in the house equal to its fair market value as of the date of death; this may be more or less than the $131,000 you say the town valued the house at. One needs to know more to actually arrive at the correct answer. If it's a loss the loss can be used to offset other income in the estate and it is even possible distribute the loss out to the beneficiaries depending upon other facts that are not knowable from your question.
Is the other answer pointed out you need to speak with someone who works in this area and can help make sure that you're getting the best results for all of the beneficiaries of the estate. This is one of the principal areas in which we practice.See question
I am executor of my grandmother's affairs and I would like to avoid probate court upon her demise. We are currently joint owners on all her bank accounts, but not the home. Do I need to be added and be first right of beneficiary?
As is previously been stated, avoiding probate is popular but often times misguided. Joint ownership of assets, whether bank accounts or others may defeat what's stated in the will as to your grandmother's wishes. Without knowing more about your grandmother situation, it would be ill-advised to have your grandmother make you a joint owner of the house. If she ultimately needs to qualify for Medicaid, this could cause problems. In addition, if the house is sold during her lifetime that also creates problems, primarily income tax. There are number of other issues that need to be considered besides merely avoiding probate. No matter what you do, an estate tax return will have to be filed on behalf of of your grandmother's estate even if no assets pass through the probate process.
I would suggest strongly that you contact an elder law attorney and develop a plan that actually considers all of these issues itSee question
My father's will had a per stirpes provision that if my brother died before selling the house the house would go per stirpes. He had no children. My stepmother and stepbrother appear to be responsible for his death as he made a will and left the...
The only way that you can present your claim is in the probate court that has jurisdiction over the town where your brother died. You may want well want to consult an attorney and have them review the will that you believe gives you rights regarding this house.See question
I am executrix of my father's estate. I have two siblings and the estate is to be shared equally among the three of us. Can my husband (my dad's son-in-law) perform financial/administrative duties for the estate? We are not charging any executor ...
I would recharacterize your questionas "Can I hire my husband to do things he is qualified to do for the benefit of the estate?" If that is the questions then the answer is probably yes, assuming the fee is reasonable and his work does not personally benefit you to the disadvantage of the other beneficiaries. However, the assumptions are actually tricky to make sure that you get over the hurdle and this answer should not be construed as actually legal advice since the exact facts and circumstances could change it. YOu need to see a qualified probate attorney.See question
I've lived in my moms home since 2002,she passed away July 1st of this year, my niece lives in the home as well and has/had power of attorney. The home is a reverse mortgage but my niece has it in the court because she wants to buy it and it wasn'...
Any power of attorney that your niece held for your mother lapsed (no longer grants any power to anyone). Because of this your niece has no authority to fight a reverse mortgage on property owned by your deceased mother. At this point you have no legal authority to deal with the property. But, neither does your niece; unless she is also an owner fo the property which you did not mention. So your niece cannot evict you and you cannot evict her. To have any legal authority over property that was your mother's you would need to appointed executor or administrator of your mother's estate.
It appears that you are in the middle of a messy situation. I would suggest that you hire an experienced probate attorney immediately.See question