Typically, income is not considered in determining eligibility.

The usual age of eligibility is 65 years old. However, Medicare is available to those that have been eligible for Social Security disability benefits for at least 24 months or who have end-stage renal disease.

Hope this helps!

Without knowing more facts, it is hard to say.

The amount? Who from? Date of check? Will you be filing a probate? Does she have a joint bank account? Who are the heirs? etc.

You should contact a lawyer.

Typically, the Probate Court will go to great length to see that the Decedant's wishes as expressed in his or her Last Will and Testament are honored - unless, someone can prove up some type of undue influence. Undue influence doesn't seem to be the issue here.

Thus, things look... View More

You may want to consider a Transfer on Death Deed. On the death of your parents, you will receive a "step-up" in basis to the "fair market value" as of their date of death. This stepped-up amount will then be used in the calculation for capital gains.

One of the... View More

Technically? Yes.

As an example, suppose a person (aka the Grantor), creates a revocable living trust appointing themselves as the Trustee. If the person who is both the Grantor and Trustee has a criminal record, then the answer is "Yes."

More facts would be helpful.... View More

First of all, in a Probate case an "ESTATE" refers to all the property (i.e. real or personal, tangible or intangible) that the person owned at the time of their death.

So, if I may rephrase your question, I think you are asking if a house owned by an estate can be occupied during... View More

This one can get complicated very quickly. For example, is the IRA in payout status? If so, the answer is yes. Is the person married? If yes, part of the IRA may be allocated to the spouse. Also, what is the total value of the IRA account?

The thing to remember, is that Medicaid can look... View More

It sounds like you currently have an existing LLC. If so, this is a relatively easy process.

You need to surf over to the Oklahoma Secretary of State website, and look for the Trade Name Report.

The filing of this document allows a business entity to use a name other than its... View More

Based upon the facts that you have shared and without seeing the documents involved, my initial answer is no. I do not believe that the estranged husband can challenge the sons being selected as the primary beneficiaries and recipients of the proceeds from the IRA.

But it is not a... View More

I agree with Richard - be very careful with online forms. They may be sufficient for states with large populations such as California, New York or Texas. But Oklahoma is a little more that 1% of the US population. How can they afford to spend an adequate amount of time customizing their general... View More

You have asked a very good question. Unfortunately, the best answer for you depends upon the specific facts of your situation.

In general, a third party (you) is not responsible for the debts of someone else (your parent). But there are always exceptions.

However, it is important to... View More

Unfortunately, you did not provide enough facts to enable us to answer the question.

That decision is left to the owner of the property.

If she leases the property, then I would recommend that a review of the lease is in order.

You may find this helpful:

Oklahoma Statute Title 58 Probate Procedure Section 122 - Persons Entitled to Letters of Administration

Administration of the estate of a person dying intestate must be granted to some one or more of the persons hereinafter mentioned, and they are... View More

I would recommend that you and the parent meet with an lawyer to discuss the situation. (Not just any lawyer. But a lawyer familiar with estate planning and elder law issues.)

If the parent has legal capacity and voluntarily agrees to do so, the lawyer can promptly prepare the necessary... View More

With the limited facts you have given, it is hard to determine what is going on - but, I am suspicious.

First of all, it is common to have taxes "withheld" in a variety of transactions. These can include withdrawals from retirement accounts, winnings from slot machines, etc. And... View More

Since I have not seen any of the documents, let me give you some general principles.

The overall purpose of a probate is to 1.) identify and collect the assets; 2.) pay the taxes of the decedent; 3.) pay the taxes of the decedent; and finally 4.) distribute any remaining assets as best as... View More

I know this sounds a little unusual, but if you stop and think about it a probate case is "court-monitored forgery".

When we are dealing with "evidences of title" (my own made-up term) such as car titles, deeds, bank accounts, etc. our legal system requires a signature.... View More

Promptly, but .....

Many times people will use a trust to avoid the delay and expense of probate. Thus, the filing of a probate is unnecessary since the issues of the assets, taxes, or debts are handled through the trust.

But what frequently happens - especially in Oklahoma -... View More

Legally, is is not necessary for the Executor (aka Personal Representative) to live in Oklahoma.

Practically, the Estate of the descendant may incur additional expense since it may be necessary to reimburse the Executor for their travel expenses.

Another point to consider is the... View More