My wife and I are both on disability. We are separated (her divorce action against me was recently dismissed), and I want to sue her regarding an $11,000+ homeowners insurance check in which she forged my endorsement signiture and deposited into ...
There's something here I am not understanding... how is it that the divorce action was dismissed? It sounds to me as if the objects of matrimony have been destroyed and there is no reasonable likelihood that the marriage can be maintained, so why not pull the LOUD handle and EJECT! EJECT! EJECT!? That said, this isn't really an elder law issue....See question
2C with JFY Sep, been over two years, want to reenlist. Is it possible?
Not looking good for you, especially since the military is in a draw down mode, but who knows?See question
I have a lien on me for 5000 dollars that I was unaware how this amount was accrued. I assume the mother didn't purchase healthcare with the money that was allotted for this purpose. So I am being charged for medical expenses that she accrued from...
Not sure how you got here... did you inherit property from mom that had a lien on it? Did you personally guarantee her care? There are many ways for you to have incurred this problem, but you should consult with counsel now. Of course, it would have been better if you'd have consulted years ago...See question
They have kept investments separate throughout the marriage, but no formal pre-marital agreement. Second marriage for both. My Step-father has Alzheimer's and is in a care facility in Michigan. Mom's health deteriorated to the point where she coul...
Many folks are surprised to learn that their spouse's assets "count" when it comes to Medicaid and long term care. Also surprising to learn that pre= or post-nuptial agreements have no effect. Also surprising to learn that the PoA you probably have will not be useful when it comes to "crisis" Medicaid. Consultation with a local elder law attorney is a great idea...See question
My parents receive medicaid and live in HUD subsidized apartment. My husband and I plan to set up a trust. Can I make my parents the beneficiary of the trust? Will they lose the status of HUD subsidized housing and/or medicaid if they receive the ...
The good news is that you're using your own money instead of the folks'. That's good news because you have full control over how the money gets spent and there's no reason for the money to count against mom and dad, if you do it correctly.
Can I make my parents the beneficiary of the trust?
Yes, but only at the discretion of the trustee (which cannot be mom or dad).
Will they lose the status of HUD subsidized housing and/or medicaid if they receive the distribution from the trust?
Not if the payments are made "in kind"... you always have to be aware of the folks' cash balances and not exceed $3000...
How should I set up the trust to avoid them losing their status?
That's why you need to consult with a local elder law attorney.
Can a sale of a home be reversed if the seller wants her home back
Too bad so sad for mom. And it doesn't even matter whether you paid a fair price for the house. A deed is a deed is a deed. Unless mom was mentally incompetent at the time or her will was overborne at the moment of signing. That's why it's such a terrible awful no-good very bad idea to deed property to the kids!!See question
My mother resides in a nursing home. They sent her to a wound care facility for an infection. Within a week they have packed all of her belongings and put them in storage to put another person in her room. I did not receive any calls to let me kno...
Usually Medicaid will pay the "bed hold fee" for several days... in Michigan the annual limit is 10 days, in Louisiana, the limit is 7 days for hospital leaves. So, if your mom had already used some of her days, the "within a week" could have been OK. Talk with the nursing home re: bed holds to determine...See question
My sister in law has fourth stage bone cancer and has now broken her femur. She can't return home due to the clutter. She is at Beaumont hospital. She needs Medicaid to afford to stay or move to a hospice setting. How can she get Medicaid?
There are a number of strategies that would enable your sister in law to receive the benefits of the inheritance while qualifying for Medicaid at the same time. She cannot have more than $2000 in countable assets (like cash) but there are other ways to use the money to obtain exempt assets. The good news is that there are several things that can be done. The bad news is that you have to consult with your friendly, neighborhood elder law attorney to identify and settle on an appropriate strategy.See question
We are trying to work things out for my elderly mother in law to where we get her home assistance. One of the things we need to do is put her pensions into a pay status. What exactly does this mean?
Pensions make payments, but frequently you can defer payments and this will increase the eventual amount of the monthly payment. Social Security, for example, will increase your monthly payments by 8% for each year you defer payment... So putting a pension entitlement into pay status means taking the payments...See question
I'm disabled but agreed to see if I could care for my 75 year old disabled father.but I can't do it.he has become violent with me several times.he's hit me and knocked me to the ground so many times.the last one left me with a 40 inch hemoglobin. ...
Talk to a local attorney about both a personal protection order and conservatorship... calling Adult Protective Services would also be a good, no=cost way to get the ball rolling. It's said that no good deed goes unpunished... sorry to hear that this has happened to you...See question