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Can I legally take my aging and mentally not sound mother away from the Caregiver I entrusted her with?
Marty's answer
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Answered on November 16, 2011
You mom may have given you a power of attorney, and she may have made you the Trustee of her trust. As long as she has capacity however, she can...
I am trustee of my mom's estate and have lived in the house, never paying rent. Am I obligated to pay rent to trust?
Marty's answer
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Answered on November 16, 2011
The first thing to do is look at the trust document. Is there anything in the trust document that provides that you have the right to live in the...
Archived
Can my mother lose her medi-cal benefits if she sells her house?
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Answered on October 19, 2011
Yes, if done the way you describe then your mother will lose her medi-cal benefits for 20 months under today's law. There are however some...
Archived
I recently married a man who has full custody of his daughter. How do I obtain legal guardianship and/or adopt his child?
Marty's answer
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Answered on June 01, 2011
First off i want to commend you for taking on the challenge. From experiance, i know it is not an easy one. I agree with the other attorney that...
Archived
My grandmother 87 years of age signed a contract for a residential alarm system a year ago. she did not understand it. Help her
Marty's answer
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Answered on May 28, 2011
Don't give up without checking the law for your jurisdiction. In CA for example it is required that that alarm companies be licensed, in many...
My mother wants to give me her house. Exactly what documentation do we have to have?
Marty's answer
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Answered on November 08, 2010
No, No, No, Don't do it until you speak to an attorney who is knowledgeable in both tax law and Medicaid law. The consequences can be severe.
Archived
Why can a nursing home refuse to give fathers information to his kids
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Answered on November 08, 2010
The Health Insurance Portability and Accountability Act (HIPAA) prevents any facility or healthcare provider from releasing any healthcare...
How much money can your parents give you yearly without being taxed?
Marty's answer
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Answered on November 08, 2010
This is only an issue if your parents have more than 1,000,000 in assets at their death. If your parents are unlikely to have less than $1,000,000...
Archived
My son is a stage IV cancer patient who is 23 years old. Can I obtain temporary guardianship during his illness?
Marty's answer
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Answered on August 10, 2010
A power of attorney for healthcare is one thing you can do and that will give you authority to take care of healthcare decisions for your son. you...
Archived
My grandmother "owns" a house but the deed is her brothers; should he use QPRT or some other device to pass on to her heirs?
Marty's answer
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Answered on August 10, 2010
I don't see a need for a QPRT. In fact, because you have said there is not any estate tax issue then i would not recommend one. Persevering the...
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