Questions answered by Gregg A Garofalo

Archived

My 80 year old mother was divorced in Texas after over 30 years of marriage in 2005. Her exhusband died a year after the

Gregg's answer | Answered on March 04, 2014

Generally speaking, a beneficiary would receive proceeds from life insurance regardless of a divorce. With that said, the divorce decree may have...

Archived

Do I need to obtain a Letter of Testamentary?

Gregg's answer | Answered on March 04, 2014

You reference a bank account and an insurance company so are there two assets? If a bank account was held in joint tenancy, the account becomes...

Archived

My mom has property in Michigan...she has a conservator handeling her estate..we want to have her dismissed

Gregg's answer | Answered on March 04, 2014

If the Power of Attorney was executed after her adjudication in Michigan, the Court in Michigan may not recognize the POA as being valid. If the...

Archived

Joint bank account. Later Power of Attorney, but not given to bank. Is there still liability as fiduciary for bank account?

Gregg's answer | Answered on March 04, 2014

Since you were a "joint owner" you are equally responsible for any expenditures. The fiduciary relationship between you and your father as...

Archived

Do I include my adult disabled child's SSI when applying for Medicaid Spend Down for myself? He lives with us and contributes.

Gregg's answer | Answered on March 04, 2014

You should seek the advice of a Medicaid attorney for your state. The income is separate from the assets you possess. One of the rules for...

Archived

MY brother passed away last Week we were not speaking for almost 2 years he left everything to neighbor who kind of took care

Gregg's answer | Answered on March 04, 2014

I am sorry for your loss. There is a statutory period in which you can contest a will. If your basis for contesting is only because you were...

Archived

I had power of attorney over my aunt who was in a nursing home when she died. She received social security, medicaid, and

Gregg's answer | Answered on March 04, 2014

Unfortunately, some nursing homes try a bullying tactic to get family members to pay for the elderly. Unless you signed the contract personally...

Archived

I am opening an e-commerce yarn store. What is the best way to open my business, as an LLC or Corporation?

Gregg's answer | Answered on March 03, 2014

The answer is not as simple as the question. In your question you raise not only what type of entity should you create but sales tax and income...

Archived

Does a conservators duties end once the ward is established on Medicaid in nursing home care?

Gregg's answer | Answered on March 03, 2014

No the conservator's duties do not end just because the ward is on Medicaid. A conservator is not discharged until a court says the conservator...

Archived

My mother is 95 yrs old and in an Assisted Living Facility. In April,2014 she runs out of money. In sep of 2009,she won 25K

Gregg's answer | Answered on March 03, 2014

I am very sorry to hear about your mother's financial situation, but this is all to common of a situation unfortunately. You will have one of...

Gregg A Garofalo's Answers (109)

My 80 year old mother was divorced in Texas after over 30 years of marriage in 2005. Her exhusband died a year after the

Do I need to obtain a Letter of Testamentary?

My mom has property in Michigan...she has a conservator handeling her estate..we want to have her dismissed

Joint bank account. Later Power of Attorney, but not given to bank. Is there still liability as fiduciary for bank account?

Do I include my adult disabled child's SSI when applying for Medicaid Spend Down for myself? He lives with us and contributes.

MY brother passed away last Week we were not speaking for almost 2 years he left everything to neighbor who kind of took care

I had power of attorney over my aunt who was in a nursing home when she died. She received social security, medicaid, and

I am opening an e-commerce yarn store. What is the best way to open my business, as an LLC or Corporation?

Does a conservators duties end once the ward is established on Medicaid in nursing home care?

My mother is 95 yrs old and in an Assisted Living Facility. In April,2014 she runs out of money. In sep of 2009,she won 25K