Can my sister, executor of my mother's trust, take her to court to prove incompetency so she can have sole power?
Jessica's answer
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Answered on August 24, 2022
Only a consult with an attorney, where you can go over all the details and particulars of your case, will be able to provide good legal advice for...
If items are added to an irrevocable income only trust , are they included in the look back period for medicaid?
Jessica's answer
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Answered on July 18, 2021
Assuming the irrevocable trust was properly drafted for Medicaid purposes and has been administered properly since being funded (requires a review...
Who's house is it?
Jessica's answer
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Answered on February 24, 2021
The key to your answer is how exactly mom "left the house to you." If it was noted in a will or a trust but the deed was never updated, then...
How do I get copies of bank statements when I am not a POA?
Jessica's answer
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Answered on January 29, 2021
If brother is acting as POA for parents, that means parents are still living. What do parents think about all of this? Generally, your parents get...
DOES my elderly mother have a legal right to quarterly reports on her money, including
CDs, investments, stocks, ect
Jessica's answer
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Answered on December 19, 2020
An executor/personal representative of a will has no authority over finances while a person is living. In order to have legal authority over...
Archived
What are the responsibilities of a Power of Attorney?
Jessica's answer
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Answered on December 03, 2020
Those are all great questions, and contacting the local ADRC is a great place to start for exploring services that are available. They will tell...
Archived
If my mother is deemed incompetent with a living trust and POA'S in place will it stand up in court and is it iron clad?
Jessica's answer
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Answered on December 30, 2019
It depends. In a guardianship proceeding, one of the questions that is asked in court is whether the person has powers of attorney, and if so,...
Can I make improvements to my house once it is in a irrevocable trust
Jessica's answer
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Answered on December 10, 2019
Since you are asking about a 5 year look back, I presume you are concerned with the Medicaid implications of this strategy. If you give away...
Archived
Should I do a short sale on the house?
Jessica's answer
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Answered on November 27, 2019
Proceed with caution. If your sister has other assets you are receiving (cash, accounts, life insurance), etc. it may make sense to deal with the...
Archived
What happens to income received for a person after his/her death and the estate has been settled?
Jessica's answer
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Answered on October 22, 2019
The answer depends on how you set up your estate planning. If everything passes according to your will, then a probate proceeding is often...
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