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How do I obtain an Affidavit of Disbursement? Do I have to have a lawyer to get one or what can I do without one?
Kelly's answer
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Answered on January 02, 2014
An Affidavit of Survivorship would be used for property held as joint tenants and an Affidavit of Summary Distribution would be needed if not, but...
Archived
My friend would like to amend his living trust. He spent $3400 just a few months ago redrafting the original. Any advice?
Kelly's answer
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Answered on January 02, 2014
The cost of amending a trust really depends upon what the attorney is asked to do. A complete restatement of a fully funded trust might cost around...
Archived
In Wyoming can you simply appoint a new POA and it negate your previous choice?
Kelly's answer
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Answered on January 02, 2014
The answer is that "it depends." The recording statute uses the word "may" which is not mandatory. If the POA was never recorded or delivered to...
Archived
Medicare problem after aunt passed away
Kelly's answer
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Answered on January 02, 2014
I think you may be confusing Medicaid and Medicare. When a person is in a nursing home and Medicaid is contributing towards the cost, when the...
Archived
Father died with no assets. Appointed daughter as POA/ prepaid Caregiver legally . Who or what is responsible for final bills?
Kelly's answer
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Answered on January 02, 2014
A lot hangs on what the personal care agreements says about when the fees are earned. The situation should be reviewed by an elder law attorney,...
Can family member sue estate for live-in caregiving svcs? I have asked POAs repeatedly to no avail.
Kelly's answer
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Answered on January 02, 2014
You would benefit greatly by meeting with an elder law attorney who does Medicaid planning. There seems to be some confusion regarding Medicaid...
When dividing an inheritance can one sibling get "credit" for years spent providing care (time/effort/gas) for elderly parent?
Kelly's answer
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Answered on January 02, 2014
I know of a case where the youngest son stayed on the farm to take care of his blind mother for twenty years. No estate planning was ever done to...
Archived
What information do I have to gather to prove neglect and have a valid case?
Kelly's answer
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Answered on December 30, 2013
I would recommend taking two steps. First would be to contact the Texas Department of Aging at www.dads.state.tx.us. They run the Senior Ombudsman...
Archived
Do I need a Medicare / Medicaid Attorney?
Kelly's answer
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Answered on December 30, 2013
Medicaid planning is a complex area of the law. What you are describing is a technique that works well for some families, but not all. The issue...
Archived
My mother's home was put in a life estate about 25 years ago with me and my sister as heirs. My mother has now entered
Kelly's answer
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Answered on December 30, 2013
Life estate interests in the home can be a difficult issue, depending upon in what state the life estate owner resides. In some jurisdictions, a...