Archived
My wife and I may need Wills for NJ. We may need an A-B-C clause for NJ tax purposes. Currently have a Revocable Trust.
Lawrence's answer
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Answered on June 09, 2014
Tax planning wills typically involve an initial consultation to determine the best approach to save tax and meet your goals followed by drafting...
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Archived
How can my dad take someone off the deed?
Lawrence's answer
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Answered on June 06, 2014
First off how do you know it rightfully is your dad's? A stroke doesn't necessarily invalidate a deed. You would have to prove wrongdoing in the...
Archived
If a person has no close friends or relatives is it reasonable to appoint an attorney as executor of ones Will?
Lawrence's answer
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Answered on June 05, 2014
A common approach is to appoint a lawyer as executor where family won't serve. The lawyer is entitled to statutory executor fees and also can...
Archived
What is involved in having a dementia patient declared incompetent?
Lawrence's answer
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Answered on June 05, 2014
To be determined incompetent, a legal proceeding must be held and the court appoints a guardian. A local elder law attorney can advise further.
Archived
Can I sue bank for failing to stop fraudulent withdrawals?
Lawrence's answer
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Answered on June 05, 2014
The aunt might have a claim against the bank but first the estate must establish a duty on the bank's part, which will be very fact sensitive. For...
Archived
Does my Medicaid coverage I was awarded in a nursing home continue after I leave.
Lawrence's answer
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Answered on June 05, 2014
It may continue but doesn't automatically continue in all cases. Very fact sensitive. Consult a local elder law attorney for your particular issue.
Archived
What will happen to my elderly parent's home should they need nursing home care? I live with them in their home.
Lawrence's answer
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Answered on June 05, 2014
The home could be lost if you don't plan properly. Chances are good that an elder law attorney can help protect the home.
Archived
Is is true that IRA accounts are beyond reach of medicaid regarding nursing homes?
Lawrence's answer
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Answered on June 05, 2014
False. While some states don't count IRAs against Medicaid eligibility others do. Also IRAs that are exempted may be vulnerable down the road. ...
Archived
I need assistance in applying for medicaid for my husband who is in a nursing home.
Lawrence's answer
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Answered on June 05, 2014
Consult an elder law attorney ASAP. Placing house in trust could be a big mistake.
Archived
As a grandchild, can I contest my grandmothers will? I believe it was changed by my grandmothers sister and her daughter
Lawrence's answer
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Answered on June 05, 2014
To contest a will in NJ you must be a beneficiary under that will or under a prior will that would govern if that will were invalid or an heir at...
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