My sister made herself trustee by having the living trust rewritten after my mother was declared incompetent . She never sent me an accounting , and I have not received a penny from the 3 rentals on the property ! My mother passed in 2012 !
Since you mention you only have SSI on which to survive, I see other issues in your question. Be careful! You don't want to get a little rental income and then lose your SSI. You need to sit down with an elder law attorney to see if something can be done so you both benefit from the income and protect your SSI.See question
there dragging there feet
Your question isn't very clear. When you say that your brother "is in charge of moms will" it makes me think you are asking a probate rather than guardianship question and I have changed the practice area to reflect that. Has your mother passed away? Has the will been delivered to the court? Has a probate been opened? Once an individual passes away, the person holding their will has 10 dats to deliver it to the court. Failure to do so makes them responsible for any loss or damages suffered as a result of their inaction. I recommend you make an appointment with a probate attorney in Gillette so you can sit down and discuss the situation and the attorney can ask questions.See question
My parents died without a will but owned their home. My two sisters and I couldn't afford a probate lawyer, so we were waiting for the state to take charge. Although there's a few liens on the home, I just found out someone bought it.
The house would have had to have gone through a foreclosure or a tax sale for title to have been transferred. Either are possible if nothing was done to open a probate.See question
My father passed away with no will. I understand my stepmother gets to live in the house for as long as she wants. However she has not been living there for about 6 months and is keeping 4 cats at the home and is letting it go to ruin. She has ...
Depending upon facts not presented, there are more moving parts and possible solutions to your question than you may suspect. Use the AVVO Find a Lawyer search tool to locate a probate attorney either near you or in the county where your father lived and died.See question
My sister has recently suffered a traumatic head injury. She lives in Pennsylvania. She is 64. She is single and both parents deceased. She is not in a coma, but is neurologically deficit. She is unresponsive to stimuli. The doctor says likelihoo...
The issues you raise are too complex and fact driven to be answered in a forum like this. You need to consult in private with an experienced elder law attorney regarding your options, including guardianship and surrogate healthcare decision making. In a two-way conversation the attorney will be able to better explore the situation and come up with possible solutions.See question
Mother denied Medicaid because of $5000 life insurance policy in Maryland. Can she still get assistance because she is 90 yrs old, legally blind and uses a wheelchair.
I am not licensed in Maryland, but can tell you that a $5000 whole life insurance policy would be treated as an available resource and disqualify your mother, while a $5000 term life policy would not. The solution to her problem could be as simple as assigning the policy to a funeral home to purchase a pre-paid funeral plan. It would be worthwhile to make an appointment with an experienced elder law attorney to review the denial letter and discuss her options. Use the AVVO Find a Lawyer search tool to locate a local elder law attorney or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.See question
My mother's boyfriend passed away, leaving her by herself to pay bills. They weren't married and both live of a fixed income due to being unable to work. Will she lose her "welfare insurance" if she sells her house and moves in with me? She gets v...
What do you mean by "welfare insurance?" If you are referring to Medicaid it is a program for those with limited resources. The sale of the home may result in an exempt asset being converted into a countable resource. The result would be that she is over resourced and therefore ineligible for Medicaid. There are things that can be done to avoid such an outcome, but they can be time sensitive. The best course of action would be for her to make an appointment with an elder law attorney who can review the facts. She needs to be prepared to pay legal fees, but in the long run it will be worth it. Use the AVVO Find a Lawyer Search Toll or go to the website of the National Academy of Elder Law Attorneys at www.naela.org to locate a local elder law attorney.See question
Is there a statue of limitations on not notifying me of the reading of the will; also I have repeatedly asked my mother, and brother who now has control of the family wealth, for the probate attorney's name and they will not give it to me, can any...
As attorney Dolan states, Wills aren't read . . . they are filed with the court. I don't practice in FL, but usually there is a statutory requirement that upon filing, a copy is sent to the heirs that can be reasonably located and they can read it themselves.See question
I am helping my parents plan their estate and am concerned that one or both of them may require Medicaid in the relatively near future. I am aware that if they transfer their house to me now, they will be ineligible for Medicaid for 5 years from t...
Medicaid is a very complex area of the law and you are already headed to a bad outcome by confusing the five year look back with five years of ineligibility. You, or actually your parents if you don't have a good POA, need to sit down with an experienced elder law attorney that can review the facts surrounding their situation and come up with solutions that will work. Use the AVVO Find a Lawyer search tool to locate an elder law attorney near your parents or go to the website of the National Academy of Elder Law Attorneys at www.naela.org.See question
Person A's will was not probated when person B died. next in line as heir is my daughter. The probate clerk made me executor. In the state of va. The executor goes to the next person in line as heir ( my daughter). She asked me to execute the will...
While A's estate likely would pass to B, it is hard to be certain without actually reading the document. If you are relying on the advice of a "gentleman" unless he is a lawyer and has read the Will it sounds to me like you are already getting in over your head. Make an appointment with a probate attorney to review the Will and get good advice.See question