Archived
Need to find out if my dad can use a living trust or similar trust to divert funds to qualify for medicaid waiver at clinic.
Daniel's answer
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Answered on November 25, 2015
As has been stated, you are asking about a qualified income trust or Miller Trust. The trust are authorized under federal and state statute. They...
Archived
Do I need a Living Will?
Daniel's answer
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Answered on November 23, 2015
Yes. It would be extremely bad. To begin, a Living Will deals with whether or not you want to be kept alive by mechanical means if the sole purpose...
Archived
How can I avoid probate court? My mother passed away and left land and home to me. The house was reversed mortaged.
Daniel's answer
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Answered on November 13, 2015
Sorry to hear about your mother's passing.
If your mother's name was the only name on the deed then it would have to go through probate....
Archived
If there is a quitclaim deed on a property, said property originally owned by Tom and quitclaim deeded to Jerry 1)why does Tom
Daniel's answer
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Answered on November 08, 2015
If there is a properly executed deed transferring the property to Jerry, then Jerry owns the property. Tom didn't have a duty to pay the taxes upon...
Archived
Staying in my Mothers home (Deceased) while going through probate. I'am 53 and building a home. Need to stay here.
Daniel's answer
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Answered on November 08, 2015
As far as I am aware there is no statute that says you have a right to live in the community. I believe once you own the property, you'd have the...
Archived
If we sell a jointly owned condo will my sister lose her 1/3 share to pay Medicaid, Medicare or her medical bills?
Daniel's answer
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Answered on November 07, 2015
It sounds like you created a third party special needs trust in your father's probate for your sister. her share should have been put into the...
Archived
Do I have a legal duty to act in this situation?
Daniel's answer
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Answered on November 06, 2015
This is not really an elder law question. I'll try to find a practice area more fitting but I don't think you have any liability. Unless you have...
Archived
I won a $5,000 cash prize in the state of Florida. I am collecting Social But will it affect my disability payments and Medicaid
Daniel's answer
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Answered on November 05, 2015
As the others have said. If you have SSI, the winnings will affect your benefits. You are required to report it. It is considered unearned income....
Archived
My real estate broker tells me I need to go thru probate, costly & lengthy. Senior needs help!!
Daniel's answer
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Answered on November 04, 2015
Sorry about the loss of your wife. To start with Probate isn't necessarily costly and/or lengthy. That of course is all relative to the situation....
Archived
Can I fight to get part of my parents house if they left my sister in charge of everything when they pass?
Daniel's answer
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Answered on November 03, 2015
I will try to provide some useful information, but in the end you are probably going to have to talk to an attorney.
A promissory note cannot...
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