We sold her furniture to help pay for her funeral expenses and returned her car to the dealer which she still owed money on it. She had under $10000 in assets. My sister is the beneficiary on her pension. My mother had no spouse so we thought what...
Yours is a fairly common problem. Many people believe that when someone dies, things just automatically "happen". As you're learning, things just don't happen by themselves. There is a process to be followed.
The Problem is that people are afraid to go to lawyers because of the mistaken belief is that we are greedy, unfeeling, scary, intimidating and too expensive. For the overwhelming number of us, this is simply not the case. We're here to help, to have people understand the process, and to do what we can to assure that the process runs smoothly.
My suggestion to you is to go to any one of a number of good, skilled attorneys up there in Wyoming County to explain your concerns. Many of us do not charge for an initial consultation, but if there is a charge, I'm betting that you will come away with the feeling that you got your money's worth.See question
My mom is in a nursing home and I Don't think she's going back to her assisted living.
There is no simple answer to your question, because we don't have all the facts. You really need to sit down with an experienced elder law attorney who specializes in Medicaid issues and lay out your mom's entire financial situation with him or her.
With respect to your question of whether "they will take her life insurance", please know that the state does not "take" anything. If the face value of your mom's life insurance is more than $1,500, however, the state may require that you cash it in to help pay for mom's care until that money is gone.
You really need to get with a qualified professional who will explain this stuff to you.See question
My parents' estate includes a 2004 car independently valued by an auto dealer at $2500. If one of the two beneficiaries wants to keep the car and the other beneficiary agrees, how is the estate distribution made equitable if the one beneficiary r...
Another way to look at the situation in addition to the way that my colleague from California has pointed out, in an estate, everything has a cash value, whether it's stocks, real property, socks and shoes, or cash. Giving the car to the beneficiary amounts to $2,500 on his or her side of the ledger that you didn't get,, so your side should include a distribution of cash or property equal to $2,500 that he or she didn't get so that both sides balance.See question
when applying for Medicaid and money for vets or their wives in a nursing home setting ,do they include monetary gifts of $13,000-legal limit-given to family members within the 5 year look back/
I couldn't improve on Ms. Stewart's answer if I tried. This question comes up over and over in my practice, too.
The big takeaway from your question (and Ms. Stewart's fine answer) is simply this:
What may be a terrific strategy for tax planning via estate reduction (i.e. annual gifting of less than $14,000 per beneficiary) is a lousy strategy for Medicaid planning (i.e. getting caught in the five-year lookback).
Planning should be done with both factors in mind.See question
Man leaves behind a wife and a son from a previous marriage. The man also has a house, a car and multiple bank accounts and credit card accounts. The wife's name isn't on anything the man has because he couldn't trust her to take care of her finan...
In the Pennsylvania Probate, Estates and Fiduciaries Code, which is the law here, there is an order to who may serve:
Sec. 304.001. ORDER OF PERSONS QUALIFIED TO SERVE AS PERSONAL REPRESENTATIVE. (a) The court shall grant letters testamentary or of administration to persons qualified to act, in the following order:
(1) the person named as executor in the decedent's will;
(2) the decedent's surviving spouse;
(3) the principal devisee of the decedent;
(4) any devisee of the decedent;
(5) the next of kin of the decedent;
(6) a creditor of the decedent;
(7) any person of good character residing in the county who applies for the letters;
Since there is no will, as my colleague, Mr. Whalen has pointed out, the spouse is next in line.See question
my son died now im in a dispute with his father on who gets the ashes
I see that you live in Indiana County. I recommend that you find a local lawyer there who specializes in estates to help you. He or she will be aware of the local procedures of bringing such a matter to court, although I do agree with the other attorney that it would be best if you were able to come to some agreement with your son's father on this matter. Perhaps it can be arranged for the ashes to be divided between the two of you?See question
My situation is that i may not want to give it to anyone else...
The lawyers who have already answered your question have given good answers, but there's one area which I feel it necessary to put my two cents in:
Your present idea to give everything to one person ignores one important possibility:
What if that one person dies before you or with you? Then what?
Of course, all of us would hope that you would have an opportunity to rewrite your will if such a possibility happened, but that may not happen.
My point: Always build contingency plans into a will. A good lawyer will help you cover all the bases.See question
My stepfather just passed he changed the deed to the home my mother purchased before marring him to his name my mother has 5 surviving children now in a fight with our step father's siblings to get our mother's home back he has no biological child...
I am in total agreement with Ms. Stewart. Get an attorney and get one now.
The answer to your question is going to depend upon whose name was on the deed as grantee at the time of your mom's death and how it got there. I won't go into an explanation as to all the possibilities because I will save that for the lawyer which you must see.
Good luck.See question
I would like to purchase my home through a trust. 1. For privacy reasons. 2. for help with taxes and 3. because I have a chronic illness I would like to make sure that I am making things easy for my family if anything should happen to me. Overall ...
I agree with both of my fine Pennsylvania colleagues who have answered your question, but particularly with Ms. Stewart and here's why:
As she said, when people see us, they've always heard something which sound like EXACTLY what they need from somebody, either a friend, relative or someone on TV.
However, there are trusts and there are trusts. Different trusts accomplish different things. In my career I have never found one "magic bullet" solution for any problem. The only way to maximize your accomplishing what you want to do is to find a skilled trusts attorney who is willing to put his/her arms around your entire situation so that your goals may be accomplished.
Good luck.See question