Your mother can create a Third Party Special Needs Trust (it can be embedded in her Living Trust or stand-alone). Mom can/should name anyone OTHER than your brother to serve as the trustee for this SNT with him as beneficiary. As an example: you could be trustee for your brother (in charge of... View More

Unfortunately, the magic age is 60 (when your remarriage would not affect your ability to qualify for survivors benefits on your deceased husband's record). The exception to this is if you are above the age of 50 AND have a disability.

Florida Statutes are very clear: the surviving spouse is entitled to 30% of the value of the deceased's spouse's estate (this is referred to as the "elective share", and I put a link to the statute at the bottom of this answer).

The right to an elective share can be... View More

If this is their homestead, a spouse cannot be removed from the deed (the property can't even be sold) without the consent of both spouses.

The other attorney who responded is correct, you likely will need to consult with a guardianship attorney to assist your father.

One bit... View More

Your SSDI will not be impacted because it is based on your work history (regardless of income/assets).

However your wife's SSI could negatively be impacted by being married because part of your income may be being "deemed" to her and therefore can result in her receiving a... View More

It sounds like he may need a guardianship/conservatorship. We only practice in Florida - you can find an excellent elder law attorney in his locale, on this forum, or by visiting: www.naela.org (click find-a-lawyer).

Good luck!

Hi there - No, a trustee's role and job is to follow the instructions within the trust. In most revocable trusts, the trust document itself will state who gets what after the grantor (creator of the trust) passes away.

In short: see what the trust says! You should check with an elder... View More

Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:

1. Was there any property left to probate at your uncle's passing?... View More

100% lady bird deed. This is because the owner remains the sole owner (with right to sell, rent, change remainderman) until death. Only at death does the ownership interest change. This is important because transferring assets within five year of applying for medicaid can result in a penalty, which... View More

Below is a link to a video I created that explains how to get help paying for home-health care through Medicaid-planning.

https://youtu.be/b2pt20YdjLc

Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.

If it is your and your grandmother's homestead and, especially if you and grandma own is as "joint tenants with rights of survivorship," then the house will be safe from Medicaid and probate.

You may enjoy these other relevant articles:... View More

You don't automatically get title to the house just because you have been paying her mortgage. However, may I suggest a lady bird deed: read more about it here: https://www.elderneedslaw.com/blog/lady-bird-deed); or watch video here: https://www.youtube.com/watch?v=XeOHKsLiY9M.... View More

Hi there. First off, placing these assets inside an irrevocable trust while your grandfather is in a nursing home is the worst possible idea. The reason is - he doesn't have time to wait out the period of ineligibility that will be imposed after transferring assets to the irrevocable trust... View More

Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.

Dementia is a spectrum.... View More

Your wife's aunt could certainly hire a Texas elder law attorney to draft a durable power of attorney to allow your wife to help as best she can from Florida (assuming aunt has capacity to understand what she is signing after the stroke). More likely is that a care advocate will need to be... View More

Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the... View More

With proper planning in advance of the sale, you can avoid Medicaid touching any of the proceeds.

You have the option of selling with the intent on purchasing another home, which I talk about in this article:... View More

There are a variety of legal and ethical ways to protect the proceeds of the home sale and qualify your mother for ICP-Medicaid (which pays for nursing home care). Depending on the net amount, the medicaid-complaint strategies would change.

I agree with the two other answers. As trustee, you have the ability to take action with regard to any asset that is properly titled in the name of the trust (subject to the trust's limitations, i.e. it may direct you, as trustee, to sell the car and distribute the proceeds to one or more... View More