Questions answered by Ivette M Santaella

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Is there a way I can protect his income and keep him from losing his nursing home Medicaid.

Ivette's answer | Answered on February 08, 2016

Hello, It is recommended that you consult with a local attorney who is familiar with Medicaid planning. Contact your local county bar...

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How to get POA over my 20 year old special needs daughter

Ivette's answer | Answered on February 08, 2016

Hello, If she has capacity to understand that she is signing a document that will give another authority over her finances and personal...

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Can settlor defer the moment when beneficiaries may call for distribution of trust corpus (principal)?

Ivette's answer | Answered on February 08, 2016

Hello, Trust are used for the purpose you describe. It is recommended that you consult with a local attorney for assistance.

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How do I go about setting up an SSI-Medicaid Trust and will that protect my mother's benefits?

Ivette's answer | Answered on February 08, 2016

Hello, It is recommended that you retain an attorney experienced in drafting Medicaid Asset Protection Trusts. Contact your local county bar...

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Can I open a irrevocable living trust for Mom, and move the money from "my name only account" into it without her involvement?

Ivette's answer | Answered on February 08, 2016

Hello, As you have your Mother's power of attorney you have the authority to manage her finances. Moving the joint monies to your name only is...

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Deceased /probate /New Mexico

Ivette's answer | Answered on February 08, 2016

Hello, SInce there was no WIll, your Mom died intestate and the intestacy laws of NM will be used to administer her estate. I have attached a...

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Do the belongings in the apartment belong to my parents or do they belong to his estranged wife?

Ivette's answer | Answered on February 07, 2016

Hello, If he had a Will then the terms of the Will shall determine distribution. Also since he was still legally married his wife may have...

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Received trust distribution from the principal. Do I pay taxes or does the trust on my behalf?

Ivette's answer | Answered on February 07, 2016

Hello, It depends on the terms of the trust. Check with the trustee.

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I am named beneficiery in my fiances life insurance.we did not marry because he died in the process.We however,,lived together f

Ivette's answer | Answered on February 07, 2016

Hello, Since you are the named beneficiary in the life insurance policy, you are entitled to the insurance proceeds. As to the house, you may...

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How do I get the copy of the will legalized or should I do a formal probate as though there is no will.

Ivette's answer | Answered on February 07, 2016

Hello, I attached a link that explains the probate process in AZ. Generally the estate pays the attorney's fees.

Ivette M Santaella's Answers (6836)

Is there a way I can protect his income and keep him from losing his nursing home Medicaid.

How to get POA over my 20 year old special needs daughter

Can settlor defer the moment when beneficiaries may call for distribution of trust corpus (principal)?

How do I go about setting up an SSI-Medicaid Trust and will that protect my mother's benefits?

Can I open a irrevocable living trust for Mom, and move the money from "my name only account" into it without her involvement?

Deceased /probate /New Mexico

Do the belongings in the apartment belong to my parents or do they belong to his estranged wife?

Received trust distribution from the principal. Do I pay taxes or does the trust on my behalf?

I am named beneficiery in my fiances life insurance.we did not marry because he died in the process.We however,,lived together f

How do I get the copy of the will legalized or should I do a formal probate as though there is no will.