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David L. Carrier
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David Carrier’s Answers

3,059 total


  • Will I lose my star plus waiver (medicaid) and ssi?

    Im a disabled 66 yr old & was in a nursing home until 4 yrs ago. I moved in with my daughter, she gets paid thru medicaid for 35 hrs but she provides care for me 24/7 since i am bed-ridden due to leg amputation, stroke & am on dialysis. I'm receiv...

    David’s Answer

    Q:Can I gift my daughter $10k & will i lose my medicaid benefits?
    A: Bad idea to simply gift because you're likely to lose your benefits... underscores the need to engage elder law counsel who actually knows what he/she is doing...

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  • Can a Conservator make decisions concerning who can see the person who the court states is an incapacitated Person.

    The son of this lady is the Conservator and has placed her in an assisted living facility to be cared for she has dementia. The son that is in question and who is a sex offender (registered) has been calling and trying to get his mother to chang...

    David’s Answer

    I agree with attorney Goldman, but would add that the conservator deals with financial issues and the guardian deals with lifecare issues... At least in Michigan...

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  • How can I get my mother back from my brothers home in FL & back in her own home in CA where she wants to be. Elder abuse council

    I have been caring for my mother in California and her home for the past year. Since December I have not been working because my brother myself and my mother's plan was to fix the home in Alamo that she owns that is in the trust. ( Home is wo...

    David’s Answer

    It's tough to find a lawyer willing to take this case because it's a really tough case and will be expensive (out of pocket expensive) to pursue your brother to Florida, etc... But don't stop because you really need legal counsel!

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  • Is my mother entitled to the proceeds from the sale of her house held jointly with my legally incapacitated father?

    Mom and dad, 83 & 84, own house free and clear in VA. Dad's in alzheimers care unit of assisted living home. Mom has failing vision and cannot live by herself much longer. I am the only heir and live 3 hours away in Maryland. The solution we w...

    David’s Answer

    There are many questions here... who has control over Dad... power of attorney or conservatorship? Can you sell the house? Is Mom entitled to the proceeds? The toughest nut to crack here is going to be getting authority to sign on Dad's behalf... Consult with local elder law counsel...

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  • In the state of Tx, if an elderly parent is put into a nursing home and they have Medicare or Medicaid, can they have life ins?

    An elderly parent is now having to be placed in a nursing home. The patient has Medicare and/or Medicaid. His family has a $90,000.00 life insurance policy on him that he's had for a very long time. It's nothing new or recent. He's always had a de...

    David’s Answer

    The key is not the face value of the policy, but the cash value. The cash value, together with all other "countable assets", cannot exceed $2000... so you have to look to the cash value to determine whether the policy can be retained...

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  • Does Medicaid take life insurance policies as payment d

    My husband will have to go to long term care nursing facility and has no assets other SS . We were in the process of getting a divorce but my attorney advised not to because of my husbands health problems . I have 2 life insurance policys on him ....

    David’s Answer

    MA generally values life insurance policies at the cash value. So the term doesn't count but the whole life does...

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  • Can I take the executor of the estate to court , the estate is not settled ,this information was never given

    My domestic partner passed ,money that was to be distribute by executor of estate she claim it was nothing there and I find out 10 yrs later she lied and know the state has it in unclaimed funds

    David’s Answer

    Amazing that the money is still around and the possibility of recovery still exists! Get yourself an attorney and first get the $$, then go after the executor. Banzai!

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  • What can be done if a last will and testament is not being followed?

    My grandfather passed away on 3-11-14 and his wife (not my grandmother) went against everything he wanted in his will. My grandfather wanted to be buried in a plot he paid for next to his parents, instead of doing that she cremated him and kept hi...

    David’s Answer

    My grandfather wanted to be buried in a plot he paid for next to his parents, instead of doing that she cremated him and kept him in her house;
    That's her right as his next of kin, until this month of June 2016 when he could have named a funeral representative to make those decisions.
    The house they were living in was my parents and was giving to them when my grandfather got sick instead of giving the property back she sold it and all his belongings including a truck was supposed to be given to me! I need to know how I can rectify the wrong she is doing.
    The surviving WIFE (not husband) has a life estate in 1/3 of the husband's real estate, but probably they owned it jointly which is why she could sell it. Also the truck goes to next of kin without probate...
    I think you're screwed, which is why planning ahead is so important: you cannot count on living, breathing people doing anything as you expect. You have to expect that anything people can do contrary to your wished, they will...

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  • Does my sister have to pay capitol gains tax on my deceased father's home?

    My father passed away three years ago and my sister had lived with him for many years before he passed. My father intended for my sister to inherit his house since she was his caretaker of many years. When my father was alive we made a revocable t...

    David’s Answer

    Your sister will have to pay tax on the increase in value from your father's date of death until the date of sale. Unless your sister lives in the house for two of the five years after it's deeded to her and before the sale, then she can exclude $250,000 of capital gain.... Also this house is where the funeral money you owe is going to come from... (yes, yes dangling participle, so sue me!)

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  • Am I liable for my father's funeral bill if I signed it under duress?

    My father passed away three years ago and the funeral home is sending me a bill for the funeral. The day my father died I signed a funeral document with my first and last name. My father had a revocable trust set up designating me as the trustee a...

    David’s Answer

    What was the caliber of the pistol they held to your head? What was the name of the thug twisting your arm behind your back? That's pretty much what you need to know to claim duress...
    You were well-advised to sign only as trustee or as agent, but since you didn't you're facing an uphill climb to establish that you are not personally liable. Besides, you can pay it out of the house sale proceeds... from the trust...

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