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Michael Leo Potter
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Michael Potter’s Answers

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  • Can the trustee of my mothers trust and also the executor of my mothers will withhold or make changes to my mothers intent.

    my niece is the named trustee of my mothers trust and executor of her will.my mother died on April 5 th 2016 ,months ago..she has three different attorneys playing games with us.won't give us any proper information .sold my mothers house below fai...

    Michael’s Answer

    Short answer: NO she can't. Have YOUR attorney file a Motion to Remove & Replace the Trustee for Breach of Fiduciary Duty. See Avvo.com under 'Find-a-Lawyer;. Good Luck.

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  • How can i prepare to contest a will or trust now .

    My brother has my mother under his control ,he uses his temper being a 4th degree black belt and screams to force his will on us .When our mom dies ,she is 84, he gets it all . He promised me and my mom he would divide everything but I know better...

    Michael’s Answer

    I concur with Attorney Shields. Elder Abuse is serious and should be reported. Have your Mom sit down with an Estate Planning attorney to prepare her Living Trust. See Avvo.com under 'Find-A-Lawyer'. Good Luck.

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  • Can a Trustee use Trust assets to challenge trust amendments?

    What do I file if my brother trustee is using trust funds to invalidate moms valid amendment that favors me, not him...? I'm in California, is there a form to fill out, or do I compose my own objection? The trust litig. I was going to hire says...

    Michael’s Answer

    Given the circumstances you describe, you need to consult in person a Trust Litigation attorney. See Avvo.com under 'Find-a-Lawyer' then enter 'Trust Litigation' and the City & State. Good Luck to you.

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  • I need help with a constructive, resulting trust lawsuit

    My live in girlfriend lived with me for 5 years. I bought a house while I was in a relationship. We have currently broken our relationship, but she is claiming half of my property on a constructive and resulting trust lawsuit.

    Michael’s Answer

    California recognizes 10 years as a long-term relationship and has in the past recognized Quasi-Community Property Rights. Did you have a Living Together (Co-Habitation) Agreement? Did she contribute any $$$ to paying for the house? See a Family Law attorney for help. See Avvo.com under 'Find-a-Lawyer'. Good Luck.

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  • Estate planning Person over 65 needs a Medicaid Asset Protection Trust

    There's a small amount of money involved, but enough to interfere with Medicaid. How to protect the money so Medicaid doesn't take it, but it can be used exclusively for the benefit of the elderly person.

    Michael’s Answer

    "Timing is the difference between a hero and a fool" someone said -- and when it comes to Medicaid and dignified senior care, the 5-year Look-Back Rule is one that has stumped many people. That is why it is recommended seniors look at viable Elder Law solutions BEFORE it's time. I believe a competent Washington State Elder Law attorney can be a very good resource. See Avvo.com under 'Find-a-Lawyer' then enter ' Elder Law' and the city & state where the case arises. Good Luck to you.

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  • Do I need a letter of appointment as a legal rep of my deceased uncle with the social security admin ? Thank you.

    I received a letter & form to be filled up from SSA.

    Michael’s Answer

    A court appointed Executor or Administrator would likely need to be the one to stand-in for your uncle. Has a Probate of his Estate been opened? See Avvo.com under the link 'Find-A-Lawyer' and then enter 'Probate' to locate qualified attorneys you can interview and from which you can select. Good Luck.

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  • Help with estate plan for Medicaid

    I would like to give my mother a small amount of money to use to supplement her social security income, which is very little. Is there a simple kind of trust that can be set up with this money to be used for her benefit without interfering with h...

    Michael’s Answer

    Sit down in person with a Medicaid or Elder Law attorney in Washington. See Avvo.com under 'Find-a-Lawyer;. The more details you have of her situation the better. Good Luck to you and your Mom.

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  • Can someone hold my trust fund money?

    My mother is holding my trust fund money. She will not tell me how much or let me have access to the account. In the will it states that at the age of 21 that money is supposed to go to me. I'm now 25 and she is refusing to give it to me. She eve...

    Michael’s Answer

    You didn't indicate who the Grantor of the Trust is - and what the relationship to you is. Your mother is Trustee and if you are a 'vested' beneficiary you have a right to have an accounting under the law. Have your attorney get involved and seek the trust accounting by correspondence or if necessary by court action. Good Luck.

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  • How can I protect my home and assets from nursing home expenses. should I sell the house to my children

    I am 68 years old, in fairly good health, I still have a 210,000.0 mortgage on my home

    Michael’s Answer

    Timing is important because of the 'Five-Year Look-back' rule imposed by Medicaid. I'd sit down with a MA Elder Law attorney to review your options. See Avvo.Com under ''Find-A-Lawyer.' Plan ahead BEFORE a crisis.
    Good Luck.

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  • How long does a temporary guardianship last?

    I'm not too fond of my living situation. I think it would be best if I could live with my (preferred father)

    Michael’s Answer

    I would concur. The outcome depends on your age and adult status and whether or not there is an actual court order on this matter to be complied with. I'd sit down in person with a Guardianship / Estate Planning attorney in Reno. See 'Find-A-Lawyer' on Avvo.com and then enter 'Guardianship' and the County and State where the case arises. Good Luck on a favorable outcome.

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