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So do I need a judge to revoke the one he influenced her into signing and if so what court and what type of judge can revoke it
Robin's answer
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Answered on February 05, 2016
You should bring an Article 81 guardianship and ask the Court to restrain your cousin with the new POA, as well as freeze your incapacitated...
Archived
Do I have any recourse in getting what is left to me in the will or does a health care proxy give her the right to block his kid
Robin's answer
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Answered on February 05, 2016
An Article 81 Guardianship proceeding would likely be necessary to address the issues you are having with your stepmother, particularly about...
Archived
What part of the value of a jointly owned property needs to be applied if one of owners ls applying for Medicaid?
Robin's answer
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Answered on November 12, 2015
Consult with an elder law attorney about protecting this asset. Questions to answer: Who put the money down? Is there a right of survivorship? Who...
My mother and I own a property since 1990. If she applies for Medicaid to pay for nursing home , what are the laws regarding
Robin's answer
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Answered on November 05, 2015
If you own it as joint tenants with a right of survivorship and you are refusing to sell, then the house is not available for Medicaid purposes,...
Archived
Can a wife change her will after her husband's death if her current will leaves assets to his children?
Robin's answer
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Answered on October 21, 2015
Are you sure you are talking about a will, which can be changed at any time? A trust or something written on the deed cannot be as easily changed....
How does an inheritance trust differ than "per Sterpes" In a will? Does this term do the same as the inheritance trust?
Robin's answer
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Answered on October 18, 2015
Per Stirpes means along that particular branch of a family tree. If something is left, in trust or in a will, to "my issue per stirpes" it means...
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Tenant Rights after Death
Robin's answer
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Answered on October 03, 2015
I suggest you contact Legal Aid. Typically a "remaining family member" can inherit the lease if they qualify, and the rent is based on household...
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What can I do with a house with a life estate when the person who transferred lives in an assisted living facility ?
Robin's answer
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Answered on September 24, 2015
You should meet with an attorney. Is the life estate on the deed or through a trust? What would the capital gains tax consequences be for selling?...
Archived
My son is mentally challenged & receiving medicaid. He is living in a Residential full time & my mother is getting his
Robin's answer
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Answered on September 10, 2015
Typically the residential program will make themselves Representative Payee. I suggest you start by speaking to the caseworker or finance person...
Archived
What happens if the person chosen in a living trust dies before the grantor? Will property be considered the deceased estate?
Robin's answer
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Answered on August 12, 2015
Look to the terms of the trust. The trust will say what happens to the share of a pre-deceased beneficiary. The trust terms will also indicate...
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