Archived
Can I become guardian of estate my las vagas mom if I live out of state? I currently have poa, liv will, and executor of trust
Michael's answer
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Answered on August 19, 2014
Regardless of where you live, the powers already granted to you give you what you need. If stepdad has filed for guardianship / conservatorship he...
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Archived
What a formal annual Trustee offering accounting should include?
Michael's answer
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Answered on August 19, 2014
Your question is very broad but generally speaking the idea is that an accounting starts at the date of death and go forward from there. Sit down...
Archived
I am a beneficiary objecting to an accounting in a New York Trust. Do I have to explain my objections, or simply object?
Michael's answer
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Answered on August 19, 2014
Some states want very detailed objections, others not so much. If your objections are specific that is actually helpful - assuming the idea is to...
Archived
Can I direct in a 3rd party special needs trust that my property will be available as the primary residence?
Michael's answer
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Answered on August 19, 2014
Best of intentions on your part. You want to do it in such a way she doesn't lose her benefit eligibility. A Special Needs Trust is the way to go....
Archived
My mother has dementia, what responsibility do her attorney and trust officer have?
Michael's answer
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Answered on August 19, 2014
There may be a basis for involving Adult Protective Services - and possibly the State Bar ethics committee. Sit down with an Estate Planning /...
Archived
Can the Trustee sell property and override Power of Attorneys in a Will or Trust while there is still a surviving Creator?
Michael's answer
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Answered on August 19, 2014
The Trustee and the POA are supposed work together for the benefit of the surviving Grantor and NOT be at odds with each other. Typically the...
Archived
INCOME NOT ADDED TO 1040 for medicare purposes
Michael's answer
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Answered on August 18, 2014
Medicare is a health insurance type of program and Medicaid is a long-term care program. Phantom Income is still reportable income.
Can you file financial abuse of an elder after death of the elder?
Michael's answer
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Answered on August 18, 2014
You can file a lawsuit after the death of the victim. But it would be a Civil case and not a Criminal matter.
Archived
Caregiving and the 2nd amendment
Michael's answer
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Answered on August 18, 2014
Look at it this way. If the patient also has a car, would you remove it? What if they have kitchen knives in the kitchen? If the patient is not...
Archived
Only my money in the Trust pie now; how do I avoid Trustee's defense for his breach by my money?
Michael's answer
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Answered on August 18, 2014
You may want to have your attorney file a Motion to Compel a Complete Fiduciary Accounting starting with the date of death of the Grantor & going...
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