Archived
Question pertains to Elder Law and Medicaid. Can a creditor, particularly Medicaid open a probate on a decedent's estate?
David's answer
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Answered on December 08, 2013
Nice try, but it won't work. Applicants for Medicaid cannot "simply transfer[ ]" by assignment or otherwise rights to receive property... that's...
Archived
Will a Transfer on Death Deed protect my mothers home from Medicaid reimbursement if it was filed over 5 years prior
David's answer
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Answered on December 08, 2013
No. No way. Not a chance. Fuh-ged-about-it... The transfer on death or "ladybird" deed is a useful tool, but it is not Harry Potter's magic wand...
Archived
Do elderly disabled parents qualify for medicaid benefits?
David's answer
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Answered on December 08, 2013
It depends! Don't you love that answer? But it really does depend on what is actually in the documents that were executed as well as the law in...
Archived
How do I find out if someone that has passed has life insurance, will, etc?
David's answer
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Answered on November 24, 2013
No easy way to do this, but you could start with the probate court in the county the friend lived in and with the unclaimed property register at...
Archived
Widowed father died intestate, in probate. Four siblings, whereabouts unknown since 1996. what needs to be done?
David's answer
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Answered on November 24, 2013
HIre a skip tracer. Publish notice. Attorney's job.
Archived
My friend died in NJ without a will. He had 1 minor child with a woman he was never married to. He had no other family.
David's answer
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Answered on November 24, 2013
The kid gets the stuff. The kid's mother will probably be named guardian/conservator for the minor child
Archived
Can a POA give one sibling a right to prevent another from staying with a parent for a month even if the parent gives permission
David's answer
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Answered on November 24, 2013
Yes. But your father, if competent, can overrule the attorney in fact.
Archived
When a beneficiary is given instructions in advance for the money they receive, are they required to follow the deceased'swishes
David's answer
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Answered on November 24, 2013
No.
Archived
Does the VA consider a stepchild that was living in the home at the time of service the only legal heir?
David's answer
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Answered on November 24, 2013
Sounds like BS to me. Consult with a local elder law attorney who's aware of VA benefits to sort this out. The VA simply doesn't care who the...
Archived
Will tim be held responsible for any payments
David's answer
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Answered on November 24, 2013
Q: now my dad thinks he will be held responsible for the payments to the doctors Ultrasounds/ OBGYN and stuff he makes $700.00 a week ist this...
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