Archived
I am wondering if a life lease has to be included in a deed, trust or can it be a separate document?
Kelly's answer
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Answered on August 20, 2013
The rules are different from state to state, but when we do a lease-back as part of a transfer of title to children, we use a separate agreement to...
Archived
Does a will over ride any other signed document?
Kelly's answer
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Answered on August 20, 2013
Go to the office of the county clerk/recorder where your mother's house was located and ask to see a copy of the deed. Get a copy and take it to a...
Archived
My father had a stroke he is mentally and physically incapable , He is a landlord, I am his caregiver. What to do?
Kelly's answer
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Answered on August 20, 2013
You say that your father doesn't have the money to hire an attorney, yet you describe him as having assets in the form of real estate. As Attorney...
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Bankrupcy for Medi-cal
Kelly's answer
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Answered on August 20, 2013
Bankruptcy is the fix for having too much debt compared to assets. Medicaid generally doesn't take into consideration your debt. The determining...
Archived
My mother is being investigated by medicaid because she did not disclose rental property she owned in the carribbean.
Kelly's answer
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Answered on August 19, 2013
Attorney Friedman isn't kidding when he says Medicaid fraud is a serious matter. You need to see an elder law attorney immediately. It may mean...
Archived
I need to know if mom's nursing home can make the family pay for the 2 months which social services denied her for medicaid.
Kelly's answer
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Answered on August 19, 2013
You need to contact an elder law attorney who is experienced in Medicaid planning to discuss your options in person, including the possibility of...
Archived
My grandmother has a live in caregiver. When my gma went into the hospital the cg was told her services were no longer needed.
Kelly's answer
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Answered on August 18, 2013
You mentioned in your comments to Attorney Potter that your uncle has the POA. He should take it to an elder law attorney for review. If it is a...
Archived
Reason enough to contact Adult Protective Services?
Kelly's answer
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Answered on August 18, 2013
It certainly sounds like sufficient reason to report this matter to Adult Protective Services. Keep in mind that depending upon factors beyond your...
Archived
Dear Lawyer,
I am curious if I have any right to view my mother's assets before she dies.
Kelly's answer
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Answered on August 18, 2013
You don't have an independent right to see what assets she has. She can either grant you the right if she is competent to do so, or your brother...
Archived
What constitutes a "Gift" in regards to a Durable Power of Attorney?
Kelly's answer
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Answered on August 16, 2013
Putting the money in a joint account makes it yours in that you have the right to use the money. If you act on behalf of your father under a POA...