I'm sorry to hear that your mother's health is declining. The nursing home will not put a lien on the cottage because it's likely her homestead...

How long do I have to be married to collect death benefits on spouse that has passed.

That is correct. You need to be married for 10 years to be eligible to receive a deceased spouse's social security payment. See here: ...

How long can a Florida estate attorney wait to disburse my inheritance? Why do estate attorneys ask you to waive your rights?

I certainly hope you were not tricked into signing anything waiving your rights. Sometimes certain waivers are useful in expediting the...

Trusts usually aren't recorded in Florida, but you might check the public records for the county in which she lived in 1995. I doubt it will be...

What form do I use to request guardianship over an elder?

If he is incapacitated and had not previously executed a power-of-attorney, then you cannot fill out a form to become his POA. Guardianship is the...

Can there be more than one 'power of attorney' on someone's will? Is there an heirarchy for power of attorney?

Agreed. The attorney-in-fact named in a durable power-of-attorney has no authority once the principal dies. The will nominates a personal...

Question is what are my legal rights to keeping the house other then selling

I agree with the previous answers. It's a little difficult to tell if your niece lives with you in Nokomis or in Pekin, IL. The best answer is...

Am I able to become power of attorney over my father even though he is still legally married?

I agree with the previous answer. There are a lot of terms for the various roles people play when it comes to elder care. The names are very...

Is it legal to transfer $ from an annuity to another family member to qualify for Medicaid LTC as long as there is a LPSC?

What you are describing is one technique by which someone can transfer assets in order to qualify for Medicaid benefits. Personal service...

Question is above.

If the half interest in the home is homestead, then the asset will not count against the individual going into the nursing home. Therefore, the...