While I would want to review both the original document and the amendment before making a final decision, it sounds as though it is very apparent that the trustmaker(s) intended to amend only Article F, so that it would not be considered to be a significant error. The attorney who prepared the...Read more »
It depends on the nature and type of your assets and the type of Medi-Cal benefits you are are seeking.. Also, there's a right way to do it and many wrong ways to do it. I highly recommend your contact an elder law attorney to assist you. They typically save families far more money than it...Read more »
You should immediately consult an elder law attorney so that a formal determination regarding your mother's mental capacity can be determined. It is important that this be one as close in time as possible to the time when she changed the will. A diagnosis of Alzheimer's Dementia does...Read more »
A power of attorney properly executed by your wife at a time when she still had mental capacity should be sufficient to allow you to sell your home, although I would recommend you have it reviewed by an attorney before you get too far into a sale, only to find a title company unwilling to accept...Read more »
The (well) spouse of a person with Alzheimer's (ill spouse) should establish a testamentary special needs trust through his/her will to protect the ill spouse in the event the well spouse dies before the ill spouse. These types of trusts between spouses can only be established through a will....Read more »
Rarely is a standalone will better than a trust (which would include something called a pour over will), unless you have very few assets. All too often, I believe potential clients think they are saving money on attorney fees by asking for a will as they think a living trust will cost more. This...Read more »
Life estates are typically used in real property matters. For example, the person creating the trust may wish that when he/she dies that their home be given to Person 2 who may live in the home for the rest of their life. When Person 2 dies, the property transfers to Person 3. The trust document...Read more »
Person No. 1 has a 94 year old cognitively impaired mother sign a Power of Attorney designating Person No. 1 as Attorney in Fact. Person No. 1 sells the 94 year old's home well below market value to Person No. 2. Person No. 2 quickly gifts the property to Person No. 3. Person No. 3 sells the... Read more »
There's no question that you need to immediately contact an elder law attorney who handles financial elder abuse matters. I can't imagine that a title company ever insured title on all of these transactions.
To divide the monies from CD, checking,Savings & maximizer acct how much if any do they get. All i remember my father saying is if anyone objected to the amount & werent happy then automatically they forfeit their share. I know my Mom doesnt get nothing except to live free in the home &... Read more »
Nursing homes are highly regulated in California. There are several different types of licenses, depending upon the type of facility it is. For example, skilled nursing facility, assisted living, board and care, etc. You can find a lot of very useful information and resources at California...Read more »
Only if you were legally adopted by your stepfather. The process for the brother to receive the proceeds of the bank account are not all that difficult. If no one claims the account after a period of approximately 3 years, the proceeds will "escheat" or transfer to the State of California.
My eldest adult son obtained Orange County Superior Court determination that I do not have the capacity to handle my own financial and health care decisions. I need you to defend me. Please tell me what type lawyers will help me and defend me. Please explain to me your plan.
Sir, please try to delete your personal information from your question as it is not appropriate for any attorney here to contact you directly. You need to look for an attorney here and then contact them.
It does sound as though your son is attempting to establish a conservatorship over...Read more »
The primary purpose of a "pour over" will is to transfer any property into the trust that had not been transferred prior to the death of the trustmaker. For this reason, it always accompanies a revocable trust.
Yes, Medicare pays for hospice. May I also add that when choosing a hospice provider that you consider a non-profit over a for-profit company. Also, ask them what their nurse-to-patient ratio is. Many for-profit companies will assign each of their nurses far too many patients which results in...Read more »
irrevocable trust where my brother and I are cotrustees, states that majority rules. my son is successor trustee. can he step up and be the final say. brother refuses to sign any documents transferring moms assets to trust account and won't allow distributions to be made. this is holding up... Read more »
In most trusts, the successor trustee does not step in until such time as one of the original trustees is no longer able to act, so it is not likely that your son would be allowed to step in to then form a majority opinion with you. Hopefully, your trust should have some provision for what...Read more »
In the initial stages, it can be cancelled, but once it has closed, the only way to get rid of it is to pay it off. It is a very rare situation where I might recommend a reverse mortgage for any of my clients. The RM companies have these wonderful actors on TV claiming how they're the best...Read more »
I have contacted the Community Care division in Sacramento and was told it's my right to have cameras in his private room. After initially being told, the facility would submit a request for waiver they are now saying the employees at the facility will not agree and they have rights. I... Read more »
Fortunately, in California we have a very effective non-profit organization, California Advocates for Nursing Home Reform, www.CANHR.org, Telephone: (800) 474-1116 who can provide guidance to you. If they can't handle it, they will direct you to an appropriate attorney who can.
An attorney would have to review the amendment, as well as the living trust to determine if the amendment is valid. It would also depend upon many other circumstances that you need to discuss with an elder law or probate attorney.
For an irrevocable trust where the grantor is NOT a beneficiary, if the trust is set up so all the income goes to the beneficiary, and not the grantor, who is trying to qualifying for Medi-Cal, does that mean the beneficiaries have to pay personal income tax on that income?
These types of irrevocable trusts are typically set up as "grantor" trusts which means that they remain under the Social Security number of your mother and the income is taxed to her. I hope this is not something you are trying to set up yourself as they are typically only prepared by...Read more »
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