Questions Answered by Don L Rosenberg
Q: My sister died with nothing but debts - do we need to actually go through probate?
No. only her estate is liable for her debts. Since no probate is necessary the debts do not get paid. Write a letter to the creditors stating she passed away, owning no assets whatsoever and no estate is necessary, also enclose a copy of her death certificate.
Q: Hi This question is pertaining to my wife's parents and Medicaid
Hi,
We learned recently that my father-in-law who has dementia was advised by his attorney to place his assets, particularly his vacation home into a irrevocable trust a few years back. He stated to all of his children and grandchildren that this had been done and they wouldn't ever have... Read more »
Unfortunately a home or cottage in a living trust becomes a countable asset. I am not clear on whether you have already applied for Medicaid and have been denied or asking what can be done. If you applied it sounds like an appeal would be without merit and a waste of time. The proper course is to... Read more »
Q: My mom is in a memory care unit at a nursing home. She fell out of bed on May 4 and I was informed by phone. On May 10
She was admitted to hospital and diagnosed with a separated shoulder 6 days after the fall. Do I have a case?
Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to... Read more »
Q: My mother died owing money to the home health care company that took care of her - are we responsible for her debts?
Unless you signed personally for her debt, you are not responsible. Only her probate estate or living trust is responsible to her creditors.
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