Archived
My question is what right does a judge have to order beneficiaries to incur a cost or expense in settling this estate?
Robert's answer
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Answered on April 19, 2016
It is possible, maybe even likely, that your legal costs will be reimbursed by the estate. It may not be reasonable to expect to have zero...
Archived
How could my mother get medical power of attorney over my minor boyfriend?
Robert's answer
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Answered on April 15, 2016
If his grandmother shares parental rights, she may be able to execute a document called an Authorization to Consent to Treatment of a Minor, which...
Archived
What form should I complete to obtain this level of power of attorney and should I go through an attorney?
Robert's answer
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Answered on April 14, 2016
Reading between the lines I would say, if your mom is unable to make these decisions for herself, proceed with caution. If she lacks capacity, any...
Is an adopted child considered issue of the body in Texas ?
Robert's answer
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Answered on April 14, 2016
The Texas Estates Code provides that, for purposes of inheritance, an adopted child is treated as if he/she were the natural child of the adoptive...
Archived
Do i still have to go through probate to sell the house and property or is there a way to avoid it?
Robert's answer
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Answered on April 11, 2016
Assuming the wills have been properly executed, you cannot use the simplified procedure known as a Small Estate Affidavit. If it turns out the...
Archived
If money earned from an inheritance is put in an account with joint signatures does it become community property?
Robert's answer
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Answered on August 31, 2013
It is generally best to keep separate property funds in a separate account if your intention is that they retain their character as separate...
Mother in law who lives in NY has severe dementia. does an irrevocable trust protect her assets. 175,000. she needs nursing home
Robert's answer
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Answered on August 31, 2013
Only the trustee will be able to dispose of assets in the trust, and only by the terms of the trust. If the trust permits selling assets in order...
Archived
I am getting a personal injury claim. I am 75 on Medicaid and SSI. I was told that I need to spend the money within a month
Robert's answer
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Answered on August 31, 2013
You are able to exempt one auto, regardless of value. Selling it later converts an exempt asset (car) into a countable asset (cash), and will...
Archived
Is it possible to save a house from a medicaid lien?
Robert's answer
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Answered on August 31, 2013
Texas law does not permit liens to be placed on property of Medicaid recipients. Medicaid may, however, make a creditor claim against any probate...
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