If some assests in a living trust have been liquidated, can the successor trustee modify the trust if the trustee is incompetent

Unfortunately, based on the facts as you have presented them, it sounds unlikely that the successor trustee will have the power to change your...

How do I relinquish being executrix on Mom's will.

A will naming an executor is simply nominating the executor and does not bind you to act in that role whatsoever. You have the right to decline to...

My father's will clearly states that if anyone contests it; they get nothing. Can that be upheld?

Unfortunately (or fortunately, in other cases) it is easy for anyone to contest a will that is in the probate process. Because it is an open case,...

Son predeceases his mother. How does mother now protect minor grandchildren's inheritance from their mother?

This is a very simple thing to address while mother is still alive. She needs to establish a trust for the benefit of Robert's minor children. ...

Unfortunately if the correct property interest was never transferred to the trust prior to your mother's death then you may need to start probate...

I am my elderly uncles caregiver

Whether or not your uncle can execute a new Power of Attorney (POA) making you his agent depends on whether or not he has sufficient mental...

How can I tell if my brother is abusing his power of attorney ?

Unfortunately under HIPAA, the health privacy law, technically nobody has the right to any of your father's medical information unless he (your...

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My mother is currently in a nursing home and it receiving medicaid. How do I go about selling her house?

The other relevant question is whether Medicaid has already placed a lien on the home. In many situations they do so to offset whatever they have...

For nursing home assistance, a grandmother is being asked to sell her home to pay for long term care

To add to Mr. Nidich's answer, the purpose of Medicaid (the program that pays for long-term care in a nursing home) is to help those who have no...

Bequested property no longer available.

When a bequest of certain property is made in a will, the only relevant question at the time of your uncle's death is whether or not he owned the...