Archived
If my Dad left me everything in his will, does my sister have the right to demand I return his vehicle to her?
Joseph's answer
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Answered on November 29, 2012
Your Mom might have some statutory rights as a spouse to make elections to certain parts of the estate
unless they had a pre or post marital...
Archived
If my dad is in a nursing home and is on medicaid and my mother receives a settlement how does that effect medicaid elgibility?
Joseph's answer
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Answered on November 29, 2012
The money can be protected-need to see an elder law/special needs trust attorney ASAP.
The way she receives the settlement check needs to be...
Archived
My dad and mom have joint account with me as POD.
Joseph's answer
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Answered on November 29, 2012
Your mom can do whatevershe wants as long as she is competent or
not unduly influenced.
if she can prove either of those circumstances-you would...
Archived
My sister had power of attorney for my father and during that time would not give me any information concerning dads accounts i
Joseph's answer
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Answered on November 29, 2012
Yes-if you have evidence of abuse of your dad's funds for personal use-you can demand an accounting.
It actually could also be a criminal...
Archived
Can we continue one's p/r after she passed away and make ck payable to her Estate and continue to withhold p/r taxes?
Joseph's answer
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Answered on November 29, 2012
Yes-I do not see problem with that.
It might be easier to send one check for full amount-label it as final check
and do normal withholding.
Archived
If I leave my money to my brother in Living Trust, can I specify
he can only use it for providing for my mother until she dies?
Joseph's answer
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Answered on November 28, 2012
Trust attorneys have special language to accomplish this concept in Living Trusts.
Think about this-the least your brother spends on Mom-the more...
Archived
My mother wants to move into a personal care facility. Her estate is in an irrevocable trust since 1999, can Medicaid be used?f
Joseph's answer
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Answered on November 28, 2012
If all of her assets have been transferred to the irrevocable trust for more than five years and the other assets have also been transferred for ...
Archived
How can i locate a revocable trust which has been registered. I do not know the lawyer who drew it up and my father is deceased
Joseph's answer
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Answered on November 28, 2012
Registered where?
If you cannot find it on the public records-it was not registered if you did an adequate
search.
If a deed was prepared and...
Archived
What documents are required in Florida to move properties under my name after my husband has passed away?
Joseph's answer
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Answered on November 28, 2012
On a joint trust-I usually amend the trust to change it from a joint trust to a single trust with one trustee and file a death certificate at the...
What are the pros and cons of naming a living trust as a beneficiary on financial accounts vs holding the account in trust name?
Joseph's answer
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Answered on November 28, 2012
A check issued from your trust account to you can be deposited into your personal account.
Both accounts should be in the trust in my...
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