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I need assistance with executing a Power of Attorney at a nursing home where the staff has previously given the notary a hard time. Despite having two signed POAs, I require a revised one to be signed. The situation demands the presence of a credible witness. How can an attorney help facilitate... View More 
answered on Mar 31, 2025
Go to www.123notary.com to find a mobile notary who will come to you for a small fee (ask them to bring witnesses - although when a client of mine is in a nursing home, I have just grabbed any two individuals to quickly observe and sign as witnesses).
If you need an attorney to prepare the... View More
I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More
answered on Mar 31, 2025
First - be careful that this is really what you want. Transferring property before death can result in an adverse tax consequence to the daughter (loss of step up in basis). Mom may want to utilize a lady bird deed (i.e. enhanced life estate deed) instead.
Also, as another attorney... View More
She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?
answered on Jun 13, 2024
In Florida, the answer is: Yes.
If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).
For non-real estate/non-retirement assets (such as a car) which are already... View More
My mother plans to create a Special Needs Trust for my brother to manage any inheritance that he receives from her. This inheritance could exceed $500k. My brother is married, on disability, and a very poor money manager. My mother’s primary goals are to ensure that my brother has a safety net... View More
answered on Feb 1, 2024
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
I need advice on setting up Medicaid for my mother, who has early onset dementia. She owns two apartments; we're trying to sell one and keep the other for her to live in. Additionally, she's listed as a small business owner with a family business but is an absentee owner with my sister... View More
answered on Mar 31, 2025
In Florida, rental properties do not count as assets so long as they are generating income consistent with their fair market value. The income generated, however, IS considered countable income which could jeopardize eligibility and require the creation of a Qualified Income Trust (aka Miller... View More
Having some spinal issues and doing this on a microphone. My relationship with my two sisters as trustees is deteriorating in the prognosis is not good and the forecast is cloudy. So I have several issues. They have a lot of money. They really do not want to be bothered with this. This is a... View More
answered on Jan 6, 2025
It may make sense for the trustee to disburse your portion of the trust into a separate 3rd party special needs trust for your benefit. Florida law specifically allows this even in an irrevocable trust setting.
As the prior attorney explained, the existing trust would need to be reviewed... View More
My brother-in-law in Simpsonville S.C. but we live in Central Texas. He is in his late 80's and has no will, trusts, no estate planning of any kind what so ever. He is too depressed, confused, and has a fear of trustworthiness, resulting in not contacting anyone himself. We are seeking... View More
answered on Feb 1, 2024
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!
I am a co-successor trustee with one of my siblings, for my parents trust. They both have passed. We are going to sell their house, which is in the trust. Do we two, as the successor trustees, have the sole discretion on how the house proceeds get deposited and/or distributed? Or, does a third... View More
answered on May 2, 2023
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
Deceased husband was already receiving his SSI. I was a housewife for 20 years.
answered on Dec 26, 2022
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.
everything we own is in both our names .
answered on Dec 26, 2022
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
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
answered on Dec 26, 2022
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
We can't make it on our current income with food and gas prices rising we have no children or property
answered on Dec 26, 2022
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
My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... View More
answered on May 31, 2022
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
answered on Jun 25, 2021
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
They live in a retirement home with limited ability to care for her and it is very expensive
answered on Mar 21, 2021
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
and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... View More
answered on Nov 12, 2020
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.
The house is in both of our names. Im wondering how much power medicaid could have over my house
answered on Nov 12, 2020
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
I am paying their mortgage payment and wonder what happens when and if my mother passes. Please advise.
Thank you
answered on Jun 3, 2020
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
My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... View More
answered on Jan 9, 2020
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
answered on Nov 6, 2019
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
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