Archived
My husband is long term total care.. I carry a $50,000 term life insurance on him. Can Medicaid take that so I will not get it?
Lawrence's answer
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Answered on March 20, 2014
Probably not but it is possible depending on various factors. Medicaid estate recovery isn't permitted while there is a surviving spouse so in...
Archived
My mother and sister bought a home together eight years ago. My mother put down 40K and my sister has paid the mortgage and the
Lawrence's answer
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Answered on March 19, 2014
Do whatever you want. You have no obligation to move into your sister's house or sign a lease. An elder law attorney could explain your options. ...
Archived
I am getting the run around when trying to have my mother discharged from a skilled rehab facility.
Lawrence's answer
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Answered on March 19, 2014
We don't have enough details but a competent person can choose to leave rehab against doctor orders and the doctor and facility have no obligation...
Archived
Sold my parents house 16 months ago. Both are in Long Term Care facility. Medicaid wants money from house, was life estate. Help
Lawrence's answer
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Answered on March 18, 2014
Medicaid very well may have a valid claim for the actuarial share of the value represented by the life estate. Consult a local elder law attorney...
Archived
Will
Lawrence's answer
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Answered on March 17, 2014
A contract can be enforced so you certainly have a possible claim. However, you must prove that you provided consideration notwithstanding your...
Archived
Can my father change my INcompetent mother's DPOA-HC years after she stated her desires in her DPOH-HC while she was competent?
Lawrence's answer
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Answered on March 17, 2014
Nobody can unilaterally change another person's health care power of attorney.
Archived
Can the State of MA require that gifted money be returned when an elder person receives MEDICAID ?
Lawrence's answer
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Answered on March 17, 2014
Medicaid cannot force a donee to return valid completed gifts. However, Medicaid can deny coverage for a period of days or months if more than...
Archived
I have two children that live with me.I receive social security for my children get Medicaid and the father was ordered to pay
Lawrence's answer
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Answered on March 14, 2014
You can't force the father to pay for braces unless he is obligated to so under child support agreement or judgment. If the father won't agree to...
I have a life estate deed with my mom if her health fails can medicare place a lien on the house for any unpaid medical bills
Lawrence's answer
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Answered on March 14, 2014
Just to start with, you can't take your mother's name off the deed. Only she or a court or authorized representative can so deed. Gifting the...
How to get a Certified copy of the Letters Testamentary for the estate
Lawrence's answer
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Answered on March 14, 2014
You might to better to consult a trusts and estates lawyer but if you want to do it yourself, try the Morris County Surrogate's Court.
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