Archived
Mother's estate value was $1500. Property is going for back taxes.in 2016. Am I still responsible for Medicaid recovery?
Mark's answer
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Answered on September 29, 2015
More information is needed. If there are back taxes owed and an estate recovery claim, and the only asset is the home, the estate appears...
Archived
Can agent of poa remove name from gift deed?
Mark's answer
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Answered on September 29, 2015
The POA would have to be examined. Perhaps more importantly, what you reference may well be a breach of fiduciary duty. In other words, an Agent...
Archived
My Father is in an assisted living home. He took a bad fall today and received 23 staples an d 9 sutures to his head.
Mark's answer
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Answered on September 28, 2015
It is worth mentioning that petitioning for modification of a guardianship to remove someone "for cause" requires more than anecdotal statements...
Archived
Need to take preemptive action to thwart inevitable future estate challenge down the road. Considering transferring assets now.
Mark's answer
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Answered on September 28, 2015
In addition to the other valid concerns raised, there could be tax implications for gifted property regarding tax basis in the event of a potential...
Archived
If I have POA can I land contract my fathers house to myself.
Mark's answer
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Answered on September 28, 2015
I would add that generally speaking, a general durable power of attorney has the obligations of a fiduciary and must refrain from self dealing. If...
Archived
Us 4 kids are trustees to mom's Will. Our dad has a Supplemental Needs Trust in which my brother is designated primary trustee.
Mark's answer
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Answered on September 28, 2015
This could be what is referred to as a "testamentary trust", or a trust created by will. The legal instrument should set forth the order of...
Archived
Transferring assets from Estate to Trust...
why is this necessary?
Mark's answer
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Answered on August 06, 2015
Most trust-based estate plans have a "pour over will". This has the effect of catching any assets that require probate and pouring them into the...
Archived
What do I have to do to prepare myself when I leave my house if both my parents are retired military?
Mark's answer
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Answered on February 25, 2015
You may want to consider executing financial and health care powers of attorney so if are unable to act for yourself, your parents can help you...
Archived
Do I need an attorney?
Mark's answer
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Answered on June 24, 2014
Beyond what has already been mentioned, in limited circumstances, the law can imply a contract between parties if retention of a benefit would be...
Archived
Can I invest in a LLC partnership with personal funds but have the membership interest titled to my revocable trust?
Mark's answer
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Answered on June 24, 2014
Many states permit an LLC membership interest to be either assigned to a revocable living trust or designated to pass into the trust by way of...
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