Archived
Are funds in an IRA account looked at as assets when it comes to being eligible for Medicaid benefits?
David's answer
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Answered on June 17, 2016
The answer is yes, but the effect that the asset will have on his Medicaid benefit depends on the Medicaid program. If he is receiving long term...
Archived
Who is the funeral home obligated to if I have been named an Agent in the will of my parent who has remarried?
David's answer
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Answered on June 14, 2016
From your question, it sounds as if your dad may have named his sister as Personal Representative/Executor and you and your sister as agents under...
Archived
How do I ask the court to step in and be conservator toy dads estate?
David's answer
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Answered on June 09, 2016
California has a governmental agency, Adult Protective Services, whose mission is to protect elders from all forms of abuse. The definition of ...
Archived
How do I find out if papers sent to me our legal for me being a heir to my uncles estate
David's answer
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Answered on June 07, 2016
The papers may have an attorney or law firm listed in the footer. You could call them. Alternatively, you could go to the courthouse in the...
Archived
Can a guardian over my mother take the money setup for me in a trust and transfer upon death account
David's answer
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Answered on June 03, 2016
Generally, money in trusts is under the control of the Trustee rather than the Guardian. However, depending on the nature and language of the...
Archived
How do I relieve myself of being a medical power of attorney?
David's answer
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Answered on June 02, 2016
I would send a signed and witnessed statement to your aunt saying you resign as her Power of Attorney. Notarization may not be required in your...
Archived
Who is responsible for a bill of $13,357 from my mothers nursing home after she past on May 6, 2016?
David's answer
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Answered on June 01, 2016
I agree with the others that unless you signed papers to be responsible, your mother's estate will have to pay the debt. With you mother having...
What contract takes precedence, joint tenancy with right to survivorship, or the last will and testament written years later?
David's answer
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Answered on May 31, 2016
As the previous responder noted, the Joint Tenancy "trumps" the will, but the joint tenant takes the home subject to the deed of trust which will...
Archived
How would one appeal the guardianship of an "incapacitated person"?
David's answer
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Answered on May 31, 2016
As your mother's child and Power of Attorney, you should have received notice when the Guardianship proceedings were commenced. Guardianship cases...
Archived
Is there any type of trust or asset protection we can establish to protect this money from Medicaid?
David's answer
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Answered on May 26, 2016
I agree with the first responder that there may be ways to preserve some of the money, but the Medicaid rules are highly complex and DSHS is...
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