Archived
My mother is contesting a will we have a lawyer at this point the other parties , and there lawyer have not complied with judges
Lawrence's answer
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Answered on July 20, 2013
You should either consult with your current lawyer and follow his/her advice or if you lack confidence in that lawyer then get a new...
Can a trustee take out a home equity loan on a property that is in a trust?
Lawrence's answer
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Answered on July 20, 2013
The law does not permit or preclude a trustee from taking a loan. Trustee authority to encumber in trust property depends on the trust agreement. ...
Can you take income distributions from an irrevocable trust?
Lawrence's answer
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Answered on July 20, 2013
Your parents could be eligible to receive the income or they could not be eligible depending on trust terms. Since your question raises several...
Archived
How can my mom sell her house without Medicaid taking the money, since Dad is in a nursing home?
Lawrence's answer
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Answered on July 20, 2013
If dad is on Medicaid, TYPICALLY [your case could differ] mom can sell the house and pocket the money but if dad isn't on Medicaid doing so could...
Archived
Do I have to pay fee that I was not aware of?
Lawrence's answer
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Answered on July 18, 2013
Elder law attorneys do typically charge an initial consultation fee but considering you signed up at a free seminar I would expect the lawyer to...
Archived
Estate payment to medicaid when passed away on 55th birthday
Lawrence's answer
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Answered on July 18, 2013
I would recommend a consultation with an NJ elder law attorney.
Lawrence Friedman, FriedmanLaw, Bridgewater, NJ, 908-704-1900. Certified as...
Archived
Mom is 85 years old and a Medicaid patient in a nursing home. We recently got a phone call from a bank stating she took out a
Lawrence's answer
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Answered on July 11, 2013
If the issue is identity theft, mom should file a criminal complaint and follow the anti-identify theft procedures of the three credit bureaus. If...
Archived
Still not clear as to how IRA's are protected from creditors, yet distributions may not be. How does one protect distributions?
Lawrence's answer
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Answered on July 11, 2013
NJ law provides certain protections for IRAs. Distributions can lose those protections. You need individual counsel to seriously protect...
Archived
How many days can a caregiver get in a week? How much salary do they suppose to recieve if there's no day off.
Lawrence's answer
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Answered on July 10, 2013
Seven days in a week. An employee is entitled to over time but an independent contractor is not. Depends on the legal status of the work.
Archived
How to get around losing my Medicaid if taking a lump sum from a settlement case?
Lawrence's answer
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Answered on July 10, 2013
Special needs trust or spend the settlement on exempt resources. See articles on SpecialNeedsNJ.com
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