Archived
I have durable financial power of attorney and medical power of attorney for my mother. She is now eligible for medicaid
Steven's answer
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Answered on January 17, 2011
I am not a GA lawyer, but most states have a medicaid recovery statute that prevents these types of strategies from being successful. Some of...
Selling home for mother who is terminally ill?
Steven's answer
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Answered on January 17, 2011
Here are some basic rules to keep in mind:
EXCLUSION OF THE HOME FOR DETERMINATION OF MEDICAID ELIGIBILITY
As long as it serves as the...
Archived
My mother signed her property to myself and my brother in June She has had medicaid for 10 years,Now she has terminal cancer.
Steven's answer
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Answered on January 17, 2011
I am not a NC lawyer but it would seem that the residence would be part of the estate recovery. However it seems that NC has an Undue Hardship...
Archived
I filed 2 petitions (1) to remove conservator person and estate (2) to remove successor trustee.
Steven's answer
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Answered on January 17, 2011
It sounds like you are trying to do this without an attorney. You need to immediately retain an attorney familiar with the procedures you have...
Archived
My mother passed away and had a will which my sisters friend and lawyer had my mom sign off her will when my mom had dementia
Steven's answer
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Answered on January 17, 2011
You need to immediately retain an estates litigation attorney to have the will invalidated. You need to prove that undue influence and lack of...
Archived
Probate: I asked the question below a few days ago. I still need help. Can I ask another question? Thanks for your help.
Steven's answer
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Answered on January 17, 2011
The prior attorney offers sound advice. The only thing to add is that creditors must be paid before beneficiaries. So if you receive as executor...
Archived
My father died and his will split all his assets between myself and my two brothers. My brother is refusing to send me my check
Steven's answer
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Answered on January 17, 2011
Both your brother and his wife must follow the terms of the will; he has no right to retain the check. You should tell him that he needs to do...
Archived
What if your deceased loved one didn't have a will, but a bank account & safe deposit box?
Steven's answer
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Answered on January 17, 2011
When a person dies without a will, then the next of kin must petition the court or go to the register of wills to obtain what are variously called...
Archived
Are there any legal requirements or documents that must be filed in order for an executor to execute a will?
Steven's answer
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Answered on January 17, 2011
When you say execute a will, it is presumed that you mean probate the will. To probate the will, most states require that you present the will, a...
Archived
House was in a trust
Mother passed away 2008
House sold 2010
How is this dealt with regarding income taxes?
Steven's answer
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Answered on January 17, 2011
If the trust was a revocable trust and as a result the house was still part of her estate, you would get a step up in basis to the date of death...
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