Archived
What can I do to protect my Father's living situation? He is in a Long Term Care Facility and has advanced stage Alzhemizers.
Michael's answer
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Answered on October 15, 2013
Time to sit down right away with a Texas Elder Law attorney. See Avvo.com under Find-A-Lawyer. I believe your Dad may well qualify for Medicaid...
Archived
My mother lived with us in one county in TX.. She became a nursing home patient in another county in TX where she died.
Michael's answer
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Answered on October 15, 2013
Ken has it right. The county where she owned any real estate or to which she may have planned to return would probably be the best venue. See...
Archived
Should my sister be removed as trustee when she tried to commit suicide 1 month prior to my fathers passing
Michael's answer
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Answered on October 15, 2013
Yes. There are 2 ways to go. Either she can resign or the person(s) with power to remove any Trustee can act. If there's not one with that power...
Archived
My father left an irrevocable trust leaving almost the entirety to one person.
Michael's answer
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Answered on October 14, 2013
The issue here is the right of a person to leave their Estate to whomever they see fit. Sit down with an Estate Planning attorney soon and get...
I am trying to find the will and/or lawyer my aunt was using before she died so that her estate can be dealt with.
Michael's answer
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Answered on October 14, 2013
You have two choices. If she didn't leave instruction as to where to find it, you can advertise in the local legal newspaper and if that doesn't...
Archived
If my husband's 401K Retirement Fund is in a "Trust", am I denied rights to my 1/2 share in case of a divorce in Texas ?
Michael's answer
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Answered on October 14, 2013
A trust cannot legally own a 401(k) Plan. But it can be a beneficiary of one. I'd sit down with an Estate Planning, Retirement Planning or Family...
If someone files an affidavit of successor trustee, are beneficiaries entitled to a copy?
Michael's answer
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Answered on October 14, 2013
"Notice to the whole World" has already been accomplished if it has been filed with the County Recorder. If your Dad is still alive then he is...
Archived
Transfer title of my home to my son while I am still alive , what if any, are the tax consequences?
Michael's answer
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Answered on October 14, 2013
You'd to better to transfer your home to your son via a Living Trust Estate Plan so that he gets what is called a 'step-up in basis'. I'd...
Archived
For an irrevocable living trust, does the trust deed and a living trust declaration be required to be recorded?
Michael's answer
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Answered on October 14, 2013
Normally, the Living Trust is revocable until either the death of the first spouse (in which case the deceased's portion becomes irrevocable)....
Archived
Does all jointly owned property go through probate?
Michael's answer
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Answered on October 13, 2013
I concur. Best to use a Living Trust Estate Plan to avoid ANYthing going through Probate Court. See Avvo.com under Find-A-Lawyer and sit down ASAP...
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