Archived
How do I begin a conservatorship for my 90 yr old mother who lives with me, and is suffering from dementia?
Jerry's answer
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Answered on August 08, 2011
As has been been previously suggested, you need the services of an elder law attorney. If you do not know one in your area, you can visit either...
Archived
Will I have to pay back a monetary gift from a friend that is in a nursing home now?
Jerry's answer
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Answered on August 08, 2011
Any gifts made within 5 years of institutionalization are considered "disqualifying" and failure to repay the gifts could result in your friend...
Can an adult child obtain a court order for visitation rights for an elderly parent living in the home of another adult child?
Jerry's answer
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Answered on August 08, 2011
If the parent is not fully competent, the caregiving sibling should take the initiative and seek a court ordered guardianship of the person and...
Archived
What else can I do in case he tries to make us pay over $4,000? Will this hold up in small claims court if I need to go there?
Jerry's answer
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Answered on August 08, 2011
This demonstrates two dangers: (1) buying anything from a co-worker, especially if he is a supervisor, and (2) not getting a written verification...
Archived
I hold a deed of trust for a family that I am carrying the note on their house
Jerry's answer
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Answered on July 27, 2011
I am not licensed in NC, but the general rule is that you cannot pay the missed payments and then foreclose on the property. There are very...
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Archived
What is involved in a medicaid entitlement trust? Requirements/cost/maintenance/ relevant federal or state law citation.
Jerry's answer
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Answered on July 27, 2011
I agree with Kelly. Only an experienced elder law attorney is going to be able to advise you of your options under WA law (as the rules vary...
Archived
How can I leave property to my ex-husband in NC? I heard that the divorce will nullify the beneficiary designation of a trust.
Jerry's answer
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Answered on July 27, 2011
While I am not licensed in NC, the general rule is that if you establish or amend a trust "after" the divorce is final and specify at that time...
Archived
Will a bank ever require a beneficiary to return money to a residuary trust?
Jerry's answer
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Answered on July 27, 2011
I agree with Martin that it is highly unlikely the bank would seek return of funds previously paid. It will just take the distribution into...
Archived
Can a grantor of a trust receive an installment loan or mortgage from the trust?
Jerry's answer
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Answered on July 27, 2011
This question has far too many ramifications to answer in this short space. You need to confer with an experienced estate and tax attorney who can...
Archived
Trust litigation in Florida
Jerry's answer
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Answered on July 27, 2011
I agree with Dawn's assessment. Normally a court is prohibited from considering extrinsic evidence if the Will is clear on its face. In other...
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