Archived
Can I continue living in a home where I have been a caregiver to my mother for 2 1/2 years after her death?
Lawrence's answer
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Answered on June 13, 2013
You cannot continue living in the home nor do you have any rights unless either your mother has given you rights or you have earned them under...
Archived
Elder Law - Certificate of Medical Examination - After reviewing the detailed and personal questions asked on this form:
Lawrence's answer
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Answered on June 13, 2013
HIPAA prohibits physicians from providing personal medical information w/o the patient's permission unless an exception applies. One of the...
Archived
What does one need to get in place if a spouse is disabled and is unable to even sign?
Lawrence's answer
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Answered on June 11, 2013
If your spouse has acute Parkinson's you need to consider options to fund long term care for your spouse w/o impoverishing yourself or your family....
Archived
Zero contact from the executor of my mother's estate.
Lawrence's answer
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Answered on June 11, 2013
As my colleagues note, you can't enforce your rights passively. I've been doing estate work for many years and would be happy to represent you if...
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Archived
Does the car have to be sold to settle intestate estate debt?
Lawrence's answer
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Answered on June 11, 2013
The creditors can't take anything but they are entitled to the entire estate last administrator fees, taxes, and expenses of administration so if...
Archived
What does it take to file, a complaint/a concern/and in what form of content, against an Able Elderly person?
Lawrence's answer
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Answered on June 10, 2013
An elderly or disabled person may claim to be fine and sane but have diminished capacity and be subject to exploitation. APS has a duty to...
Archived
Living in Indiana, would I lose my ssi, medicare if i marry someone who is still working?
Lawrence's answer
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Answered on June 10, 2013
You can't lose Medicare due to marriage but you can lose SSI and Medicaid since they depend on income and assets and depending on various factors a...
Archived
Is a survivor's death benefit annuity exempt from being included as income for medical assistance? Minnesota
Lawrence's answer
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Answered on June 10, 2013
While you absolutely, positively need individual legal advice from a local elder law attorney, typically, annuity or pension distributions are...
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Archived
How can I obtain financial records from my Moms estate, its been 3 yrs and he won't provide, he is my bro, was commingling funds
Lawrence's answer
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Answered on June 10, 2013
As far as financial records go, a beneficiary is entitled to force an exec to release financial records. The will governs your share UNLESS you...
Archived
If person leaves their home for nursing home, will they lose the Medicaid home exemption after period of time/circumstances?
Lawrence's answer
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Answered on June 10, 2013
Depends on the state and why they are in the nursing home. Florida is more liberal in this regard than say NJ. However, a home owned by a...
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