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Scott D Rosenberg

Scott Rosenberg’s Answers

630 total


  • Can masshealth take a home that has been in my name through a quit claim?

    step father put in nursing care long term , gave me a house 10 years ago . it was his primary residence before going into facility . House been in my family for 52 years . I ve lived in it for 9 years . I am the poa for him and owner of house . ye...

    Scott’s Answer

    It sounds like you may be mistaken as to your ownership...if MassHealth were to lien a property in which your step-father had no ownership interest, it is called a slander to title and could be fought outside of his benefits process. You would just need to provide the deed showing it's no longer in his name, which should have been recorded in the land records, and if it wasn't you should record IMMEDIATELY.

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  • Is this FRAUD if the lawyer does not disclose all the information in a trust and have an alzeimers patient sign papers.

    My father was in the nursing home and the lawyer had him and me sign some papers so he could get Medicare. That's what she said. After he passed I found a part of the trust that said I. Have up to six months to buy the house. She never disclosed t...

    Scott’s Answer

    A lawyer's ethical obligation to an impaired client is to do whatever is in the client's best interests consistent with the client's wishes, to the extent the client can understand them. The lawyer has no obligations with respect to the beneficiaries or the future administration of the trust after being hired to create it, so it is not fraudulent and would be very hard to make any sort of case.

    Your issue, if any, is with the trustee of the trust. However, the Trustee's only duty of disclosure is any accountings ordered by the trust and otherwise to provide trust documents *after a beneficiary has requested them.* The trustee's action might have violated the trust's terms, but if s/he wasn't actively concealing the trust from you against your wishes, and you made no effort to reach out and attempt a purchase on your own, the court could still hold the premature sale to be a harmless error. Additionally, if the sale was part of a liquidation to repay medicaid benefits, which might be the case, then there may be other superceding factors.

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  • Do Crummey notices need to be sent to person who is donor and guardian at the same time?

    I have established a trust for my daughter. My brother is Trustee. If I as donor, make a contribution to the trust, the trustee is supposed to notify the beneficiary of right of withdrawal. The beneficiary in this case is a minor so the notice ...

    Scott’s Answer

    The notification should still be made in writing for recordkeeping purposes. All you need is a model form and change the date and amount each year; hardly takes any effort.

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  • Can I organize power of attorney in USA for a property in the UK?

    I own a property in the UK and want to give power of attorney to a family member to deal with its sale. How do I do this?

    Scott’s Answer

    Yes, with a few caveats.

    First, the POA should spell out the authorities of the agent in plain English, rather than relying on any state-authorized short form or statutory references.

    Second, the POA must be acknowledged before a Notary Public or Town Clerk, even if not required by state law, and must then be forwarded to the Secretary of the State/Commonwealth in which the document was executed for the attachment of a certification called an APOSTILLE, which confirms that that individual is an officer of the state and properly acknowledged the document. An English language document with acknowledgement and apostille will be recognized without anything more by any English-speaking country that subscribes to the Hague Convention, which the UK does.

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  • Can I put my brother in another care center?

    He hates it where he is (Trinity Hill care center). It's a horrible place. They don't give him a proper meal for a diabetic. His blood sugar was 416 the other day. I'm worried about him! He is the last brother I have. He is on SSI and is poo...

    Scott’s Answer

    You can help him to apply elsewhere, or apply yourself if you have some legal authority over him, particularly if he's still receiving rehabilitation services under medicare. No facility will accept him if there is no insurance reimbursement and he is not getting or well into the application for nursing home Medicaid; they can but like all businesses they are cautious to make sure he gets paid.

    If he is diagnosed diabetic he should be on a no sugar added diet, and you can directly contact the facility's staff nutritionist or head nurse for his floor to make sure that is happening. As a technical matter, they are only going to change his diet if there is an order from a doctor to do so, and perhaps this is the issue you are dealing with right now.

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  • When my husband dies and im not on the mortgage will i get the house or his step daughters from 1st marriage

    My husband had a will before we married that left the house to step kids. We have been married 5 years but he wont put me on mortgage due to bad 1st marriage so he said i woyld get the house but friends say the will is leagal and the kids would ge...

    Scott’s Answer

    In short, if he re-deeded the house to make you a joint tenant in survivorship, then the house is yours, but it's still subject to the debt. If not, the house will pass or be disposed of through probate.

    Under probate rules, a will is superceded, in part, to provide an inheritance to a spouse who was married after the will was drafted, unless the will was drafted in contemplation of the marriage or specifically provides for the spouse outside of the will. Gifts in a will to children of the decedent and their descendants cannot be reduced to provide that inheritance, but you refer to them as his step-children, in which case that exclusion does not apply. Depending on the terms of the will and the amount of equity in the house, you may be able to negotiate to receive it as your inheritance anyways.

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  • Can a person over the age of 65 qualify for a special needs trust in Connecticut?

    Is there a Special Need Trust fund for a person over the age of 65 (88)who is mentally disabled (dementia) in the state of CT? My mom has been in an SNF for a year as a private pay. The Dir.Nursing has said that she is one of their most difficul...

    Scott’s Answer

    Attorney Anthony's answer is only partly correct. Under current law, an individual aged 65 or older cannot establish an independent supplemental needs trust. She can contributed funds to a pooled trust account with the non profit agency Planned Lifetime Assistance Network ("PLAN") of Connecticut, with a care plan. This may be able to accomplish the goal of providing supplemental aides while Medicaid covers the base nursing home charges, however there are significant administration charges, and the account manager is ultimately responsible for making the distributions...a family member cannot be trustee, though they can report what is needed and find cooperation.

    Additionally, it bears mentioning that even if your mother is difficult and cannot have direct support staff, that does not oblige you to accept her treatment with psychoactive medication. In fact, in some cases such treatment violates medical standards and/or is illegal. There is a significant problem with the improper use of psychoactive medications to "dope up" difficult patients in this state, and unless she is dangerous to herself or others (and keeping them awake doesn't count), you have a right to refuse them. You can speak to an elder law attorney about this or contact the CT Long-Term Care Ombudsman if you want to pursue this and the facility pushes back.

    But back to the trust, you should always consult an Elder Law Attorney to review all of your mothers assets, income sources, and care needs to determine the best course of action, as many disqualifying transactions and care opportunites are not obvious to family members. As PLAN requires you to work with a member attorney to establish a trust account anyways, it is best to start with one now to ensure that that is the best course of action.

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  • Does my home being in a living trust prevent Mass health from attaching a lien on the property?

    I have a home in a living trust. I was told that as long as I tell medicaid that I intend to return home my house will be exempt as an asset to qualify for medicaid. I was also told that Mass health would not be able to recover or attach a lien be...

    Scott’s Answer

    Your question confuses two different issues, both of which are significant to Medicaid (MassHealth).

    Under federal law, MassHealth has to ignore your house as an asset so long as you are living in it. If you go to a nursing home for prolonged rehabilitation, but are medically expected to return home while living in your house, MassHealth must continue to disregard the house, and must also deduct your mortgage payments, taxes, and insurance from the income you are required to provide as a cost share (called applied income). This is true no matter how you own your home.

    Unrelated to this, assets that were transferred into a trust, which the owner retains no use or benefit in, stop being an asset for Medicaid purposes, provided it is done more than five years before the person needs long-term care services to be paid for. A living trust doesn't meet these requirements because (1) it's completely revocable, and (2) you retained the right to use or receive trust property.

    If you want to plan for future issues, you should speak to an attorney that specializes specifically in elder law.

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  • How do we put a family home into a trust?

    My Mom is 6 months from paying off her mortgage on the family home. My siblings and I want to add on a 2 car garage with an in-law suite so I can stay there with my daughter so as to be within close proximity to our elderly Mother, (but not in h...

    Scott’s Answer

    The type of trust you contemplate would not protect the house from Medicaid, and if drafted improperly could actually prevent her from qualifying for long-term care services outside of the home.

    The fact that you are thinking about this while mom is older, but not necessarily in decline yet, is the right way to go. Benefits programs to help with care can assert penalties based on transfers, so early advice is always warranted. However, this should be done in conjunction with an attorney who specializes in elder law, and with your mother's full participation. Ultimately, it is her decision whether, or how, she wants to give away her property, and what her goals and priorities would be with any future care needs.

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  • How can I get paid when the person suddenly dies?

    I am an independent contractor and my client, who owes me close to $10K, just died suddenly. She was the only employee in her company so there's no one that I know of to contact. Is there any way that I can still get paid?

    Scott’s Answer

    When an estate is filed for her, you will be able to address the matter to the executor or administrator of the estate. As a creditor, you actually have the right to ask the probate court to open an estate if it's not done by her heirs or executors. However, you also say that it's the business, rather than her personally, that owes you the money, which could make this different from a claim against the estate. If your arrangement is with a corporation or LLC, your right to collect will ordinarily be limited to the assets of the business, and can't be collected from the decedent's other assets, even though the executor/administrator is the one who will resolve that. If the business is a sole proprietorship or traditional partnership, then she is personally liable and you could collect the debt through a direct claim against the estate. Good luck!

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