Archived
We have a family member who is falsely telling the hospital and family they have POA on another family member Can we do anything
Robert's answer
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Answered on May 08, 2013
I agree and one more thought; who IS the Agent under the Power of Attorney? If there isn't one, you may want to initiate a Guardianship action to...
Archived
Should I have car voluntarily repossessed before probate?
Robert's answer
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Answered on May 08, 2013
One other point: if repossessed the bank then will auction off the car. Your father's estate may be liable for a deficiency judgment based on the...
Archived
Do I need permission, as executor and personal rep, from the court to sell real estate that is willed to me?
Robert's answer
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Answered on May 03, 2013
You should be able to sell, but you may have to either escrow the proceeds or post a surety bond until the anniversary of the death.
Archived
If a man dies intestate, leaving a widow who is not on the deed. He has two adult children. who gets the house he owned?
Robert's answer
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Answered on May 03, 2013
In most states if the widow is not the mother if the spouses kids, and spouse dies without a will, the estate, including real estate is spilt...
Archived
Can a person receiving care under medicaid accept real property bequethed by will without losing medicaid benefits.
Robert's answer
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Answered on April 28, 2013
The disclaimer would be considered a transfer of assets and subject to penalty, which is Medicaid ineligibility for a period of time. And, by...
Archived
Is wife's inheritance (which has not been co-mingled with spouse) considered as income/asset for COPES eligibility for husband?
Robert's answer
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Answered on April 23, 2013
In Virginia the assets of one spouse IS countable in the Medicaid application of the others. Seek out an elder law Attorney in your area, asset...
Archived
Can i be appointed executor or administrator of my moms estate if i have been convicted of a felony and am diagnosed schitzo?
Robert's answer
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Answered on April 23, 2013
Probably not; if your mother dud not waive a corporate surety bond requirement I doubt you could be bonded with a felony. Seek counsel from a...
Archived
Is it advisable or possible to include protection from medical reimbursements in your trust?
Robert's answer
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Answered on April 23, 2013
Assets can often be protected, either through advance planning (5years or more) or crisis planning (nursing home imminent). Seek a Certified Elder...
Archived
Elder care-Nursing Home question
Robert's answer
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Answered on April 23, 2013
When one goes into the nursing home their income goes with them to help pay; Medicaid pays the balance of the bill. The $35 is a personal allowance...
Archived
My ex husband died with no will. His sister was pointed adminstratior over his estate. My name is on the deed, but not loan with
Robert's answer
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Answered on April 23, 2013
The bank wants your name on the deed AND the mortgage so their loan is secure should you stop payments and they have to foreclose.
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