If property is willed to you and after death of the person giving the gift, can it be taken by Medicaid estate recovery claim

If the property was deeded to the heirs by the executor it could be a fraudulent transfer unless Medicaid failed to file the lien timely. You need...

Estate plan included Family Trust, Living Trust, and a Will. Which one trumps all? California law...

The assets that are titled to a trust will be controlled by the terms of that trust. If aunt had a revocable tust her will mostlikly direct that...

You may have a problem with the 401k. ERISA laws do not allow any beneficary except the spouse unless the spouse waives their rights. If this was...

Salutations! Has there been a case in NY where a person with a Life Estate on real property was not entitled to the income?

Michael is right. You need to discuss this wih another attorney. This might be a malpractice case against the attorney that drafted the deed.

What is the procedure if a Father is unwilling to divide an estate of the Mother to the only son?

You need to push your attorney to find out what the delay is. It is his job to protect your interest.

My wifes father abandoned her at age 2. he moved away and started a new life. He is now elderly. Does my wife have any rights ?

She would have no rights against the will of her stepfather since she was not adopted. Her father isnot obligated to provide her anything under...

Medical Power of Attorney powers in Kansas

The healthcare power of attorney only gives the agent power to act when the grantor of the power is incompetent or unconconcious. So the short...

When i put my mother in assisted living, will I need to give back any money she has given me or my spouse over the past 3 years?

You said she was going into an assisted living facility. Veryfew states have any program to help with this expense. You will need to ask an...

Judy passes away owning a car with a loan. Can the car be repossessed by creditor if payments are not made?

The estate debts must be settled before any assets can be distributed. Also the creditor cannot repossess the car until the estate is settled.

If our home is in a irrevocable trust ,can money from trust be used to pay reality tax and insurance on the house?

The trust document needs to be reviewed. Normally if the house is an asset of the trust the trust assets should be used to protect the asset. If...