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My mother is in a NJ nursing home I am on SSI. I can handle my own money. Can she gift me her estate now without penalty?
Kelly's answer
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Answered on April 16, 2013
Federal Medicaid law would allow your mother to transfer her assets to you as a disabiled child or a trust established for your sole benefit. The...
Archived
My mother is already on Medicaid and I was approved for caregiver exception. How do I refile the house deed?
Kelly's answer
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Answered on April 16, 2013
If your mother is still competent, she can execute a deed transferring title to you a the caregiver child. If she lacks capacity then the transfer...
Archived
My father gifted me his house, I am the sole beneficiary. he passed away a year after he gifted me the house. My accountant said
Kelly's answer
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Answered on April 16, 2013
One downside of giftingthe house to the kids which people often fail to consider is that unless the children live in the house for two years as...
Archived
I am the principal trustee of a Revocable trust that has income. Do I have to declare the Trust on the Medicaid application?
Kelly's answer
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Answered on April 16, 2013
A revocable trust is treated as an countable resource for Medicaid purposes for both the grantor ad the grantor's spouse. Income can be attributed...
Archived
Power of Attorney Document....If I have co-agents and I want them to work together in all matters and one becomes....
Kelly's answer
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Answered on April 15, 2013
Naming multiple persons as co-agents is a good way to create conflict and expense as well as guaranteeing that nothing gets done. You may think...
Unable and unwilling to act as Attorney in Fact under a Durable General Power of Attorney. What do I need to do?
Kelly's answer
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Answered on April 15, 2013
Powers of attorney frequently fail if the appointed attorney-in-fact can not or does not want to serve and the document does not list a successor...
Archived
I got a ticket in a tractor trailer for having a blood alcohal content of 0.04 will that go on my driving record
Kelly's answer
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Answered on April 15, 2013
When it comes to drinking and driving the highway patrol are on a mission. Yes, it can effect your CDL. You need an attorney to represent you.
Archived
Can a judge send me to the hospital
Kelly's answer
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Answered on April 15, 2013
Yes, the judge can send you to the hospital for an evaluation. He can also commit you tp the hospital so you can't get out. You won't like it. I...
Archived
When an estate goes into probate, do vehicles have to be included if the family chooses to give it as a gift?
Kelly's answer
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Answered on April 14, 2013
It should be handled throught the probate because the personal representative could get in trouble if he/she attempts to transfer title to a...
Archived
Can my Mothers vehicle be reclaimed in order to pay Medicaid benefits paid to nursing home if the vehicle is put in my name.
Kelly's answer
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Answered on April 14, 2013
You shouldn't be thinking of estate planning. You need Medicaid planning and you need it now, before you record the title transferring your...