answered on Nov 2, 2018
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... View More
answered on Oct 29, 2018
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... View More
answered on Oct 20, 2018
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.... View More
answered on Oct 13, 2018
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... View More
In california
answered on Sep 26, 2018
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... View 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... View More
answered on Sep 26, 2018
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 &... View More
answered on Sep 23, 2018
These are all questions that should be answered by the terms of the trust. If you have any doubt, you need to have an attorney look at the trust document and evaluate what needs to be done.
answered on Sep 22, 2018
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... View More
My deceased step father's-step father passed here in CA, I called him grandpa. No will. Nearest living relative (brother) is in SD but has no interest in $50,000 bank account. Can I inherit?
answered on Sep 2, 2018
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.
answered on Aug 18, 2018
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... View More
answered on Aug 15, 2018
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.
who has the rights for the property, no other will had been executed.
answered on Aug 7, 2018
The child has the right to inherit. The child's legal guardian (I'm assuming the child is a minor) should contact a probate attorney.
answered on Jul 9, 2018
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... View 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... View More
answered on Jun 13, 2018
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... View More
answered on Jun 8, 2018
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... View 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... View More
answered on May 27, 2018
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.
She passed in February, and Me and my two living sisters are living in her house.
Her wishes was for us to keep the house and that's what we're doing.
answered on May 22, 2018
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?
answered on May 22, 2018
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... View More
This would be an irrevocable trust; is it correct that she would not be allowed access to the trust income to qualify for Medi-Cal? If so, does that mean I, as the beneficiary of said irrevocable trust, would have to pay personal income taxes on the trust income? Or is there any way we can both... View More
answered on May 21, 2018
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... View More
Lawyes need for travel expensive to retreat from Security deposit. Can just take money from inheritance instead ask upfront $.
answered on May 18, 2018
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... View More
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