Archived
My elderly father wants me to receive h is entire gun collection if he becomes disabled or upon death.
Lawrence's answer
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Answered on June 19, 2014
A will can be changed at any time so long as the testator is competent. The only way to insure you would get the guns is by gifting them to you or...
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Archived
Can a person living in a nursing home, long-term rent their house out?
will the rent have to go to Medicaid?
Lawrence's answer
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Answered on June 19, 2014
Depends on the state and the facts. Consult an elder law attorney. DIY Medicaid planning is really risky.
Archived
Do I need a real estate attorney? Any referrals?
Lawrence's answer
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Answered on June 19, 2014
It is not possible for girlfriend to remove brother's ownership interest in NJ real estate unless the brother authorized her to do so (such as...
Archived
Step-dad ill his kids want my mom to leave her home. What are her rights?
Lawrence's answer
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Answered on June 18, 2014
A wife has the right to live in the marital home except in highly unusual cases. Your mom needs a lawyer.
Archived
Once on Medicaid, how can I use money from a NY irrevocable trust to pay my mother's aides (companions) even in a nursing home?
Lawrence's answer
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Answered on June 18, 2014
A trust positively can pay for aides w/o jeopardizing Medicaid if it is so drafted. Your issue is whether the trust is so drafted. An elder law...
Archived
Hello, my dad has medicaid and is now in a nursing home due to advanced alzheimers. What can my mom expect for spousal allowance
Lawrence's answer
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Answered on June 18, 2014
Your mom is entitled to a minimum income based on housing costs and can apply to court for additional income. Consult an elder law attorney to...
Archived
How can my mother see her husband if his son banned her from the hospital?
Lawrence's answer
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Answered on June 18, 2014
Depends on the POA terms and other factors. I don't think your mom is likely to succeed to see her husband unless your mom works with an elder law...
Archived
Can my brother who drives my dad to doctors appts take money from my dad to help buy a car and not screw up getting Medicaid?
Lawrence's answer
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Answered on June 17, 2014
One vehicle is Medicaid exempt. Expenditures for the applicant don't trigger gift penalties but payments to a child can. In other words, your...
Archived
My grandmother has Alzheimer's and needs 24/7 care.. she needs to be in home, what are the steps finically?
Lawrence's answer
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Answered on June 16, 2014
Pay a local elder law attorney to counsel you on long term care funding options including Medicaid planning.
Archived
Is there any specific element(s) that must be in place for a Power of Attorney to be legally valid?
Lawrence's answer
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Answered on June 16, 2014
A do it yourself or even a form power of attorney rarely meets the family's needs even if it is legally valid. For instance, banks need not accept...
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