Questions answered by Gregg A Garofalo

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What happens to a home of a ward who applies for Medicaid while in nursing home care when her monetary assets are depleted

Gregg's answer | Answered on March 03, 2014

If the ward is not expected to ever return home, the residence is not an exempt asset and the State will likely lien the property. If the...

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Do the "look back" laws for Medicaid eligibility include contributions into education funds or not?

Gregg's answer | Answered on March 03, 2014

Gifts for education are not exempt for determination of qualifying for Medicaid. As indicated, you have three choices: 1) return the gift in its...

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Can I receive Medicaid?

Gregg's answer | Answered on March 03, 2014

To qualify for Medicaid, applicants must have both incomes and assets below certain limits, which vary from state to state. The Social Security...

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Will a special needs trust protect my parents' assets?

Gregg's answer | Answered on March 03, 2014

Without ready the trust, the question is very difficult to answer. A residence may be an exempt asset for Medicaid purposes if a disabled child...

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Power of Attorney

Gregg's answer | Answered on March 03, 2014

As an agent under a power of attorney you have a fiduciary relationship with your friend. This means you have a higher burden to protect his...

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Can a lien be put against a car title?

Gregg's answer | Answered on March 03, 2014

Your sister-in-law would be able to transfer the title of the car without opening a probate estate by using a small estate affidavit. However, a...

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Am I entitled to anything?

Gregg's answer | Answered on February 28, 2014

A wrongful death cause of action is NOT a probate asset. The proceeds will pass pursuant the dependency hearing in the law division where the case...

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What should I do if I have a ein number for a small estate but didn't have to go through probate. No funeral expenses are left

Gregg's answer | Answered on February 25, 2014

I agree that you might want to consider filing a first and final 1041. This puts the IRS on notice and starts the statute of limitations for the...

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After my Dad passed away, a woman in China alleged she is married to my Dad and is challenging his will.

Gregg's answer | Answered on February 19, 2014

I am sorry for your loss. The claim sounds like a scam. If you petition the court to administer his estate, you would have to provide the Court...

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Guardianship:: Uncle (age 85) is now guardian of the other uncle (age 88) Both are single & intestate. Illinois probate ct.

Gregg's answer | Answered on February 19, 2014

You should consult with a probate/estate planning attorney. Under the intestacy laws, the surviving Uncle may not be the sole heir of deceased...

Gregg A Garofalo's Answers (109)

What happens to a home of a ward who applies for Medicaid while in nursing home care when her monetary assets are depleted

Do the "look back" laws for Medicaid eligibility include contributions into education funds or not?

Can I receive Medicaid?

Will a special needs trust protect my parents' assets?

Power of Attorney

Can a lien be put against a car title?

Am I entitled to anything?

What should I do if I have a ein number for a small estate but didn't have to go through probate. No funeral expenses are left

After my Dad passed away, a woman in China alleged she is married to my Dad and is challenging his will.

Guardianship:: Uncle (age 85) is now guardian of the other uncle (age 88) Both are single & intestate. Illinois probate ct.