Archived
So, I take it there is absolutely no way my husband can get a court order to see his ailing mother, not by elder law or family l
Lawrence's answer
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Answered on April 30, 2013
There probably is no way your husband can accomplish his goals without consulting a lawyer but a good elder law attorney probably can help him get...
Archived
Is my house which was transferred to a revocable living trust part of my husband's estate?
Lawrence's answer
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Answered on April 30, 2013
A house in a revocable trust usually isn't part of the probate estate but is part of the tax estate. Even if taxes aren't at issue, tax waivers...
Archived
My father had a cd-$12,000.000 my name and my sisters name was on it. When he died my sister cash it with out me knowing
Lawrence's answer
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Answered on April 30, 2013
If the CD was payable on death to two siblings and the bank pays everything to one sibling w/o getting the other sibling's signature, there...
Archived
My mother is in a nursing home and can no longer take care of herself. She is still mentally competent but physically impaired.
Lawrence's answer
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Answered on April 30, 2013
Simplest thing is to get a power of attorney drafted by an elder law attorney. Other POAs may lack important terms. For instance, in NJ, a POA...
Can Adult Protective Services in NYC remove my mom from her home?
Lawrence's answer
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Answered on April 30, 2013
Yes. In fact failing to cooperate with APS makes it more likely they will get the police involved and possibly forcibly remove mom from her...
Can medicaid take my money from my savings account, even if i agrred to pay them back.
Lawrence's answer
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Answered on April 29, 2013
Contact a local legal services program or private elder law attorney. If Medicaid has a lien or judgment, they can enforce it against savings but...
Archived
10 months ago I called dss for help to get off pain medication I'm a very ill woman for being 23 years old dss lost me medicaid.
Lawrence's answer
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Answered on April 29, 2013
You are highly unlikely to succeed w/o counsel and your question doesn't lend itself well to a forum like this because it depends on the facts. ...
Archived
Is there any way to retain my willed rights to property of my Aunt 's that is being sought for medicad recovery in NC?
Lawrence's answer
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Answered on April 29, 2013
Medicaid recovery comes before beneficiaries so chances are that family won't receive anything if Medicaid has a legitimate substantial claim. ...
Archived
Can a person receiving care under medicaid accept real property bequethed by will without losing medicaid benefits.
Lawrence's answer
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Answered on April 29, 2013
Depending on circumstances, a special needs trust may be a viable option. Otherwise, patient can receive the property, go off Medicaid, do...
Are there any loopholes to Medicaid Asset Recovery for the remaining survivors of an elderly decedent?
Lawrence's answer
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Answered on April 29, 2013
No loopholes but various legal ways to do Medicaid planning to minimize estate recovery. However DIY almost never works.
Lawrence Friedman,...
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