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I have a living trust. My husband has passed away and he was the only other trustee. My three girls are listed as beneficiary trustees. I want to figure out a way to protect my home from a nursing home taking my house. How do I go about doing ...
The issue will be the power available under the Trust and whether there is a Lien available to the Medicaid authority in your State to recoup any Nursing Home expenditures. Sit down in person with an Elder Law attorney to discuss. See Avvo.com under 'Find-a-Lawyer' then enter 'Elder Law' and the City & State that applies. Good Luck to you.See question
The person who has the will, is the Mother of 4 children. She is also diagnosed with mild dementia. She has decided to give one piece of her property to one dependent, but it was set to be given to another in her will. The 4 dependents are all in ...
Attorney Pennell's answer is directly on point. The issue is her mental competence and whether she has or can transfer an asset in her condition. If she does NOT have a Durable Power of Attorney giving someone the power to act on her behalf, then I definitely agree that a Conservatorship is called for.See question
What is the primary function or purpose of putting assets into a trust while living? Will the trust protect the assets from creditors?
An irrevocable Asset Protection Trust is typically used to provide creditor protection BEFORE there is a dispute which may lead to a lawsuit. A revocable Living Trust can provide protection from Probate and Conservatorship. Hope this helps.See question
I have some river front property I'd like to be pasted on to future descendants and not sold after I pass. I may want to include other property to the trust at a later date. I'm not wealthy, it's property that I inherited and would like it to be...
You might gift the property to a Dynasty Trust and add a Life Insurance policy owned by and payable to the Trust. Pick someone other than yourself as Trustee with a secondary and tertiary designated person in case the first Trustee passes away or cannot serve due to death or disability. See Avvo.com under 'Find-a-Lawyer' then enter 'Trust' and the city & state where you live. Good Luck.See question
I've contacted az.board they side with lawyer but I have proof my brother took all our money and the lawyer has helped.her even put our money in his iolta etc..he spends it.7 years trust not closed but now no money and it was a motion dollar yrust
Yes but see Avvo.com under 'Find-a-Lawyer; then enter 'Trust Litigation' and the City & State. Then interview Estate Litigation firms and hire someone you're comfortable with. You may also sue your brother if in fact he breach a fiduciary duty or has committed Fraud. Best of Luck.See question
If its intention was to be maximum security storage, that will insure everything in the case of robbery, including cash/gold in large amounts. Would that be required an MSB or anything, since its just for storage, but it would be aimed at storing ...
You can open a storage facility for high-value items but of course you'll need to properly store & protect them plus have adequate liability insurance, meet city codes etc. Speak with a Real Estate or Construction Attorney in your area. See Avvo.com under 'Find-a-Lawyer'. Good luck on your project. Welcome to the world of Entrepreneurship.See question
The will and trust were witnessed and notarized while sister was alive, naming me as executor. I'm trying to take care of her accounts, including her mortgage, and the bank is asking me to provide formal validation that I'm the executor. I didn'...
My condolences on the passing of your sister. Typically, many Estate Planning attorneys prepare what's called an Affidavit of Trust which lays the grantor's name (your sister) then the names of the Trustee and any Successor Trustee. It is typically about 2 pages long and has a portion of the Trust attached to it which is called 'Powers of the Trustee'. If you are named as the Successor Trustee upon your sister's passing and also the Executor of her Pour-Over Will then you can take the Affidavit to the bank and allow them to make a copy for their files. I hope this helps you.See question
My moms past away and left the property to all the sibling.
My condolences on the loss of your Mom. First - if the property is owned in the name of her Trust, then the Succesor Trustee may convey it outside of probate to the beneficiaries of the Trust. If she did NOT own it in a Trust, then it will need to pass via a Probate Court order in accodance with the laws of the state where she was domiciled at the time of her death. See Avvo.com under 'Find-a-Lawyer' then enter "Probate" and the city & state. Good Luck.See question
My mom was receiving my dads pension before she died , can I get my dads pension now
It's likely that your Dad named your Mom specifically as the Beneficiary of his Pension. Normally pensions will terminate at death unless a spouse is named - and then that spouse can receive (usually) some percenetage of the pension for the spouse's lifetime - after which it terminates. Contact the company which gave your Dad the pension and talk to the Benefits department. Good Luck.See question
I want to prepare my will or trust, if needed. I have been estranged from my family for many years and want to be certain they cannot get any of my assets. Also I do not have a trustworthy family member or friend to be my executor. What do you s...
Sit down THIS WEEK with an experienced Estate Planning attorney in your area. See Avvo.com under 'Find-a-Lawyer' and enter 'Trusts' and the City & State where you live. You're wise to undertake this kind of planning now. Good for You !!See question