Archived
A year ago my mom fell and broke her femur, I also think there is more health issues. She can not live alone anymore.
Lawrence's answer
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Answered on March 04, 2013
Consult an elder law attorney ASAP and possibly a geriatric care manager to discuss options. You have no obligation to put your life on hold. If...
Archived
Can my mother deed her property over to me if she has Medicare / Medicaid ?
Lawrence's answer
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Answered on March 01, 2013
Your mother certainly can gift her property to whomever she wishes but a gift will trigger a Medicaid disqualification period unless eligible for a...
Archived
We are being harassed by a law firm trying to collect a debt owed by an elderly family member. Not liable. Do we have recourse?
Lawrence's answer
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Answered on March 01, 2013
A law firm that seeks to collect a so-called debt improperly is liable for damages, but whether collection is improper is very fact sensitive and...
Archived
By signing power of attorney, will I be financially responsible for a sick brother who is disabled.
Lawrence's answer
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Answered on March 01, 2013
If your brother is competent he can give power of attorney. You can't do power of attorney for him, however. If you accept POA from your brother...
Can you serve a trust with a subpoena?
Lawrence's answer
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Answered on March 01, 2013
A trust [other than very unusual entity/trusts like tax qualified benefit plans] can't be served a subpoena because a trust is a fiduciary...
Archived
What is the best way to give back gifted money to prearrange a funeral?
Lawrence's answer
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Answered on March 01, 2013
Giving back your gift will not necessarily reverse potential penalties although a return of all gifts during the look back period should avoid...
Can an irrevocable trust be dissolved? How can the trustee be forced to perform her duties?
Lawrence's answer
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Answered on February 28, 2013
Your sister-in-law can do most whatever she likes unless you get counsel to enforce any rights you may have. Of course, if the trust is an...
Archived
I am about to be beneficiary from a class action lawsuit I am on Medicare and Medicaid can they take the money?
Lawrence's answer
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Answered on February 28, 2013
Medicaid and Medicare probably do not have claims on the law suit recovery because it sounds like it is for a personal injury claim of your father....
Archived
Can I get a copy of my mother's will if she is not deceased. She is hospitalized and currently not in her correct state of mind.
Lawrence's answer
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Answered on February 26, 2013
You have no right to see your mother's will unless you hold power of attorney or become guardian.
Lawrence Friedman, Bridgewater, NJ. Certified...
Archived
85 yr old friend asked for help w/ checking account. Eventually was able to contact out of state family. Threat made by in-law.
Lawrence's answer
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Answered on February 26, 2013
Consider a consultation with an elder law attorney. Although you think your friend is of sound mind, the banking issues may indicate otherwise. ...
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