Archived
My half brother has poa over my brother who has tbi. My brother wants to know how to revoke it?
Michael's answer
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Answered on January 21, 2013
The real question here is whether or not your brother with the injury has capacity. Having the injury would initially suggest that he might not...
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What can I do? Just short of getting a lawyer that I can't afford to go to court for guardianship?
Michael's answer
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Answered on January 16, 2013
It sounds like you may need to explore guardianship/conservatorship- which as you point out can be fairly expensive. The good news is that if you...
Archived
What knid of attorney should I be looking for to handle a case where my father w/Alzheimers second wife is transfering property?
Michael's answer
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Answered on January 16, 2013
You should definitely be talking with an experienced elder law attorney, ideally on who is a certified elder law attorney. You have issues that...
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Do I have to put my home in a trust for my children so they don't have to pay an inheritance tax? Or can I use a simple will?
Michael's answer
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Answered on January 16, 2013
I agree with Jennifer Finch, that the will will not cause any taxes to be paid or not be paid. Certain types of irrevocable trusts can help avoid...
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Is it true that I can write a check to myself from the trust in the same amount each month that I send the nursing home?
Michael's answer
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Answered on January 16, 2013
Your question is actually very complex, but the basic answer is almost certainly "No." Prior to 2006, it was possible to make monthly gifts that...
Archived
Cost for lawyer as co-trustee?
Michael's answer
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Answered on November 20, 2012
I agree with Jennifer Finch that unless there is some type of really special relationship with the attorney, I would recommend a trust company as...
Archived
Do i have to go to probate court?
Michael's answer
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Answered on September 16, 2012
Who paid for the funeral? If it was one of the kids, then it could be possible to to file a creditor's refusal in probate Court, which isn't...
Eligibility For Medicaid and Foot Stamps in MIssouri
Michael's answer
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Answered on September 16, 2012
There are many variables to your question- what type of Medicaid are you wanting to apply for? What is the likelihood that you might need long...
How can my mother, 85 yrs old,legally blind, get back on the blind pension with 80,000 in the bank? trust for crippled grandson?
Michael's answer
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Answered on September 02, 2012
The short answer is you really need to sit down with an experienced elder law attorney. The rules for blind pension are a little different than...
Archived
My dad died five months ago and his wife's family claims that there is no will. What, if anything, can I do?
Michael's answer
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Answered on July 23, 2012
There are ways to force the person who has custody of his assets (including his computer) to either produce a will or attest to the Court that one...
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