Archived
Does the State of Texas have the right to collect my father's Miller's Trust if they canceled his benefits before he died?
Catherine's answer
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Answered on May 27, 2010
Regardless of whether he was on Medicaid at the time of his death, they would be able to claim up to the amount that they paid out for his Medicaid...
Archived
May i create a trust fund for my VA disability pay, in my children's names, for my divorce so that its not income for ch sup?
Catherine's answer
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Answered on May 22, 2010
Probably not. First, the income will still come in your name, not your daughters' names, prior to being put into the trust. In addition, state...
Archived
Can a lawyer sue a POA for this kind of behavior
Catherine's answer
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Answered on May 22, 2010
The agent under a POA is a fiduciary, meaning they have a responsibility to act in the best interest of the person who signed the POA. Giving...
Archived
When will the will be read?
Catherine's answer
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Answered on May 22, 2010
To answer your specific question, "reading the will" in the lawyer's office is a practice that is rare and, to my knowledge, no longer required...
Archived
My husband that i was seperated for 6 months died, how do i find out if he had a will if his family members dont tell me anythin
Catherine's answer
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Answered on May 22, 2010
If he owned property (the home) in only his name and did not have a revocable living trust, there will be a probate in the county where he lived. ...
If the will and the trust contradict each other and were written on the same day is there a rule to which one should be followed
Catherine's answer
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Answered on May 22, 2010
It may be that some assets will pass under the terms of the will and some will pass under the terms of the trust. Any assets that were transferred...
Archived
My mom died last year without a will and I became legal rep of estate, but lawyer filed in wrong county and closed his practice.
Catherine's answer
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Answered on May 21, 2010
To clarify, what you will need in order to sell the house is not something in writing from a lawyer but, rather, something in writing from the...
Archived
If we own two homes and they are vested under our Living Trust, how would this effect our filing bankruptcy?
Catherine's answer
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Answered on May 21, 2010
Because you retain full control over assets that you transfer into your own living trust, it does not shield you from creditors. An irrevocable...
My sister is listed on my fathers bank accounts as DOD behind her name....what does that stand for???
Catherine's answer
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Answered on May 21, 2010
I agree with my learned colleague, it sounds like a typo. DOD is sometimes used for "date of death" or "Department of Defense" and it doesn't...
Archived
My father has a foreclosed property. Once he deceases, do we will inherite the debt? Can the bank come after us?
Catherine's answer
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Answered on May 21, 2010
Thankfully it is impossible to inherit a debt for which you did not sign. When your father passes away, his creditors only have the right to...