This sounds very unusual and I would not consider sending that kind of money without consulting first with a U.S. Attorney familiar with International estate planning or transactional matters. Also, once that money is transferred into the United States, there are very specific IRS documents that...Read more »
If your wife's living will is very clear about refusing feeding tubes and being force-fed, then, no, you should not. This is, however, a delicate and complicated area. If there are family members or friends who disagree with your wife's wishes, they could call Adult Protective Services, which...Read more »
In order to prevent a petition to the court for partition if one of the beneficiaries refuses to sell wouldn't it be better to have the will state the house is to be sold and proceeds divided equally among the beneficiaries? That way the house is never actually in the beneficiaries names.
Anything left by way of a will has to go through a probate process which is expensive and time consuming. The parent(s) should have a revocable living trust which avoids probate and can specify exactly what your parent wants to happen to all of the assets, including the house. Because one child...Read more »
Under California Medi-Cal rules, a home is an exempt asset, so you typically would have no need to transfer it to someone else, much less an estranged spouse. There are a couple of different ways you can transfer a home to someone else and still keep your Medi-Cal benefits, but you should consult...Read more »
My 90 year old father lives in the Los Angeles area and is in need of a power of attorney, My name is Steve Jones and I live in St. Louis, MO I will be in Los Angeles next week to start the process of finding out what can be done. My father wants to remain in Los Angeles he does not want to live in... Read more »
Hi Steve, The rules here prohibit any professional from contacting you directly. I do, however, recognize your concerns for your father. If you would check www.naela.org (National Academy of Elder Law Attorneys), you can search by zip code as Los Angeles is a geographically very large area in CA....Read more »
Depending how you want to change your beneficiaries can have differing consequences. It is advisable that you have the lawyer who prepared the trust make the desired changes, particularly if you are intending to disinherit any children.
My father owned several homes in Arkansas, one in which his wife's son has lived in for free. My Dad also had automobiles and motorcycles of some value. I believe her refusal is a sign that my father left most of his assets to us and she does not want us to know that, otherwise why not release... Read more »
My condolences for the loss of your father. Unfortunately, how this can or will be handled will be dependent upon what the law is in Arkansas, so you will need to consult an Arkansas attorney, preferably near the city where your father resided when he passed away.
I'm over 58years old have cancer and on medi-cal. Medi-cal is paying for all my medical needs. A friend died and left me $23,000. If I accept this money will I be dropped from medi-cal? I can't afford to be dropped because I will die if I don't get treatment, there is no cure for the cancer I have... Read more »
It would depend upon your age, exactly what type of benefits you are receiving and how much money your friend left you. It is a large amount, you can often set up a supplemental needs trust to protect your benefits. Some times, you simply need to appropriately spend down the money before the end...Read more »
My condolences for the loss of your mother. Any bank or savings account that designates one or more individuals as the beneficiaries upon the death of the account holder, will pass to the named beneficiary. This means that if you and your niece were named by your mother as death beneficiaries on...Read more »
lump-sum must be paid to the estate, which would be subject to higher tax on the distribution. How can we roll it to an Inherited IRA in my father's name instead (father is the sole beneficiary in probate)?
Unfortunately, this happens all too often when IRA owners do not designate a beneficiary on their beneficiary statement. The IRA institution will pay the proceeds only to the estate, which, depending upon the State, may further complicate the process and cause greater expense. Because there was...Read more »
TRUST IN CALIFORNIA. OWNS MINORITY INTERESTS IN LLC ENTITIES THAT IN TURN OWN REAL ESTATE. ON DISSOLUTION OF THE TRUST, WILL THE TRUST BENEFICIARIES RECEIVE TENANTS IN COMMON INTERESTS IN THE UNDERLYING REAL ESTATE, OR AUTOMATICALLY BECOME MEMBERS OF THE LLC ENTITIES EVEN WITHOUT SIGNING THE... Read more »
It's not only difficult, it's impossible. Only the individual can change their own healthcare directive. I can't think of any situation where it would be appropriate to change another person's health care directive.
If the total in her bank accounts was under $150,000, there are various summary procedures available. It would also depend upon whether your sister had a spouse, children or living parent. Unfortunately, though, some of the bigger banks like Wells Fargo, B of A, Citibank and Chase like to bully...Read more »
The trust document will specify where your brother's share goes. Typically, it would go to his children and, if he had none, his share would likely go to the other surviving beneficiaries. You would have to review the trust language to be certain.
San Diego CA, the step son of my 94yr old father, whom recently suffered a stroke a year earlier, secretly set up a living trust with his mother (90+yrs with mental illness and dementia) naming himself successor trustee. They’re home with husband & wife joint tenancy ownership, is the sole asset... Read more »
If your father and step-mother did not have mental capacity at the time the trust was established, it would not only be invalid, although it could require a court proceeding to prove that, it could also be elder financial abuse. You need to contact an elder law attorney who can evaluate the entire...Read more »
My mom has a living trust. My brother is to come inherit the house and all monies in my moms bank accounts. My brother provided me with a living trust and it is notorized. My question is does this document have to be filed in the county court system
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