Archived
In Minnesota, can heirs inherit debt to pay back Medical Assistance/Medicaid if gifts were made during the 5-yr exclusion period
Lawrence's answer
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Answered on August 12, 2013
Heirs cannot inherit debts but a Medicaid recipient's assets can trigger claims and heirs can have liability. As Kelly says, the situation is...
What is an income diversion trust? who is in control of income diversion trust?
income trust
Lawrence's answer
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Answered on August 12, 2013
Like Kelly, I've done elder law for over 20 years and I never heard of a diversion trust. It's probably a Miller Trust as Jim and Kelly have...
Archived
My elderly father-in-law has been bullied out of $20K in 2 wks by a man claiming to be a home contractor - little has been done
Lawrence's answer
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Answered on August 12, 2013
Depending on circumstances your FIL may have no right and be bound by the contract or he may have claims for his money back + more. Consult a...
Archived
What if a house is listed with a realtor and we don't really want it to sell?
Lawrence's answer
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Answered on August 12, 2013
A real estate listing agreement is a contract. The Realtor may have claims against your family if you thwart a sale also Medicaid may have issues....
Archived
What should we do with the proceeds of the sale of my parent's house which is on my Mom's name.
Lawrence's answer
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Answered on August 12, 2013
This may sound flip but in all honesty, you either should retain an experienced elder law attorney to guide you or plan to dissipate the proceeds...
Archived
My disabled 19 yr old daughter was denied Medicaid in the state of Texas.
Lawrence's answer
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Answered on August 12, 2013
SSI is a federal program so Texas is not determining whether SSI is correct. Furthermore $830 likely is Social Security Disability rather than...
Archived
I NEED TO BE TRANSFERRED TO KENTUCKY PROBATION FROM CALIFORNIA MY GRANDMA IS VERY ILL AND HAS NO ONE TO TAKE CARE OF HER
Lawrence's answer
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Answered on August 12, 2013
If your grandmother is out of money, an elder law attorney may be able to help her qualify for Medicaid. Talk to your probation officer about...
Archived
What should I do to protect my mothers and my rights
Lawrence's answer
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Answered on August 12, 2013
Depends whether your mother is competent AND how your mother feels about you vs. your sisters. An elder law attorney can help sort out the options...
Archived
My Mom is in a Nursing home, and I have Power of Attorney. Can I sell my house. The House is in my name.
Lawrence's answer
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Answered on August 10, 2013
Since you own the house, you can sell it. If you are looking to protect assets against long term care costs, consult a PA elder law attorney.
Archived
What are my legal rights as a designated beneficiary regarding access to my father's Last Will and Testament and inheritance?
Lawrence's answer
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Answered on August 09, 2013
If your father died an MD resident, then MD law would govern. Beneficiary of an NJ resident's estate is entitled to a copy of the will.
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