Archived
How much power does a special administrator have in Nevada? Do they collect all of the assets immediately>
Kelly's answer
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Answered on January 21, 2014
In some jurisdictions the "special administrator" is different than the "personal representative." Their only duty once appointed by the court is...
Archived
Can I set up a trust or something similar for my mentally challenged sister?
Kelly's answer
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Answered on January 21, 2014
There are two types of special needs trusts (SNT) that are available which can be used to maintain eligibility for Medicaid while improving a...
Can you give an inheritance to someone else?
Kelly's answer
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Answered on January 20, 2014
This is more an elder law question than a probate matter so I changed the practice area in your posting to get it before the right type of...
Archived
Do I need an elder care attorney for my parent?
Kelly's answer
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Answered on January 20, 2014
Medicaid is a very complex area of the law and not every attorney deals with it. If you are worried about the cost of ALF and NH care, your only...
Archived
Can I sue the executor over my fathers estate if she resigned without legal procedures after he died and didn't recieve what I
Kelly's answer
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Answered on January 20, 2014
You raise several issues of concern. To be considered as the "executor" a person has to petition the court, qualify and be appointed by the judge....
Archived
What if applying for medicaid living in all bills paid rent? There is no way to indicate on enrollment form.
Kelly's answer
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Answered on January 20, 2014
Your question sounds like it is a straight forward problem with filling out the application. It doesn't appear to be an issue of how to qualify for...
Archived
Anyone have any advice on how I can prove $80,000 was not a gift from my father to my brother before my father's death?
Kelly's answer
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Answered on January 20, 2014
The scales are used to represent justice for a reason. Merfely holding a strong belief that you are right and your brother is wrong won't be enough...
Archived
Husband had stroke last year in March, rehabing in a nursing facility. Wife wants him home. She has been told he can't. Help!
Kelly's answer
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Answered on January 20, 2014
It isn't about what the wife wants. It's about meeting the husband's needs for care. The nursing home can't discharge him into an unsafe...
Archived
I once was a life and health agent and sold annuiies
Kelly's answer
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Answered on January 20, 2014
Why do you think these annuities aren't covered under the conservatorship? If the lady is either the annuitant or the owner, I can't think of a...
Archived
My mother in law has been asked to spend down her money to qualify for medicaid
Kelly's answer
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Answered on January 18, 2014
Unless the son falls into one of a limited number of categories, transferring assets or cash to him for less than fair value will create a penalty...