Archived
If a will states that the estate should be divided between 5 children, does that mean equal shares? Will filed in NJ
Lawrence's answer
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Answered on March 11, 2013
The will could call for the estate to be divided equally, but it may not. Unless a trusts and estates lawyer reads the will, any advice would be...
Archived
Are there any state laws that would supersede Garfield County code regarding density when needing to live near an elderly woman.
Lawrence's answer
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Answered on March 11, 2013
The fact that your mother is elderly doesn't give you a right to get around zoning and septic requirements. However, depending on facts, a local...
Archived
Are there any state laws that would supersede Garfield County code regarding density when needing to live near an elderly woman.
Lawrence's answer
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Answered on March 11, 2013
The fact that your mother is elderly doesn't give you a right to get around zoning and septic requirements. However, depending on facts, a local...
Archived
If my dad does not put his home in cape coral FL in my name before he goes to nurs home, will Medicaid take his house?
Lawrence's answer
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Answered on March 11, 2013
Depends on various factors. In many cases, states are entitled to recover Medicaid post age 55 expenditures when a Medicaid recipient dies. ...
Archived
How can I protect my assets from Medicaid if I need nursing home care? I want my Niece and Nephews to get my money.
Lawrence's answer
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Answered on March 10, 2013
There are more options available than my colleagues discuss, but Medicaid planning is complicated and depends very heavily on your individual...
Archived
Virginia- Can I pay my immediate family member's funeral expenses or set aside money for this in a funeral trust and be exempt?
Lawrence's answer
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Answered on March 08, 2013
Qualified prepaid funerals are an exempt from penalty Medicaid planning technique. However, if the proper arrangement and paper work aren't used a...
Archived
I have an investment property in NJ in my name . Will my husband have automatic rights if I pass . We have no children .
Lawrence's answer
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Answered on March 07, 2013
Unless a valid waiver is in effect, a surviving spouse is entitled to up to one third of the estate of the spouse who dies first. However, the...
Archived
Is there a time deadline to prove Conspiracy to defraud and Embezzle from the Elderly Mother and her son.
Lawrence's answer
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Answered on March 07, 2013
Yes, statutes of limitations preclude filing suit for most civil wrongs such as improperly taking money from bank accounts. It isn't clear that...
Archived
Is it financially wise to change lawyers mid drift through.
Lawrence's answer
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Answered on March 06, 2013
Fees vary from region to region but $5,000 doesn't sound excessive to me. However, the lawyer should be able to explain what she has done. If you...
Archived
I need help on how my daughter can keep my mom's house to live in since they took care of her for 6 yrs.Mom is now in nursing ho
Lawrence's answer
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Answered on March 06, 2013
The short answer is that this is a tough situation because in certain situations, the caregiver child exception would allow transfer w/o penalty to...
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