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My mother in law has alzheimer and has recently been moved to a nursing home. A granddaughter has taken over as power of
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Answered on September 05, 2012
I recommend consulting a local elder law attorney both on your issue and regarding various issues that arise when a loved one enters long term care...
Archived
What kind of account does insurance money from accidents have to be put in according to estates?
Lawrence's answer
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Answered on September 05, 2012
First it depends whether the recovery is for wrongful death estate claims or individual claims which the personal injury lawyer should be able to...
Archived
My husband had DPOA on moms estate in TX with no restriction. Is it a fiduciary irresponsibility to set up acct in his name only
Lawrence's answer
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Answered on September 05, 2012
If mom gave your husband POA, he is her agent. Therefore, he can handle her finances but must do so for her benefit, not his. Accounts should be...
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Medicaid benefits denied after 6 months and nursing home wants her out in 8 days.
Lawrence's answer
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Answered on September 05, 2012
States differ as to how they treat discharge rights while a Medicaid appeal is pending. You have a very technical issue in contesting a care need...
Archived
If an elderly couple divorce & 1 of them gets lump sum of money, will they have to pay federal taxes on the money?
Lawrence's answer
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Answered on September 05, 2012
A lump sum distribution of assets in divorce is not taxable but proceeds from sale of marital assets may be taxable. Alimony may be taxable but...
Archived
How do I sell elderly parents home?
Lawrence's answer
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Answered on September 05, 2012
Consult a local elder law attorney because there are many issues when a nursing home patient has assets. To sell real estate for a parent who...
Archived
Can a parent over rule your legal guardian's permission?
Lawrence's answer
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Answered on September 05, 2012
Check with a local family law attorney to be sure but typically parental rights must be terminated or suspended in order for a legal guardian to be...
Archived
Can i revoke poa w/ durable if a person has me on a do not contact list?
Lawrence's answer
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Answered on September 05, 2012
An agent under power of attorney usually can give up responsibility by notifying (in writing) the principal as well as companies, agencies, care...
Archived
In CA I am the beneficiary of a "SNT"; can the Trustee take control of an asset (a car) without
allowing me to buy the car ...
Lawrence's answer
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Answered on September 05, 2012
Consult a lawyer knowledgeable in special needs. It sounds like the trustee may not understand the law. Several years ago, Social Security...
Archived
Need to set up a trust for daughter so it remains sole and separate property after marriage.
Lawrence's answer
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Answered on September 05, 2012
A trust can protect assests from a child's spouse if drafted properly. However, if drafted improperly, the trust will not offer protection. ...
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