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We could qualify for Medicaid if we claimed the property taxes that we pay, to be rent to our children. But since this is a REVOKABLE trust, can we do that legally?
answered on Mar 18, 2020
You’ll need to provide more information. Property taxes and rent are two different things. I recommend you schedule an appointment with an experienced Medicaid attorney.
I live in Eugene, OR. My father is in Yucca Valley, CA in memory care facility since 1/2019. His wife had control of his advance directive and finances. After urging for months she put me on the HIPA and efforts were being made by social worker to get me added to the advance directive. However, she... View More 
answered on Mar 17, 2020
Since your father is in California you will need to hire an attorney who is licensed to practice in that state. I recommend you post your question under California instead of Oregon.
answered on Feb 26, 2020
Supplemental Needs Trusts (also called Special Needs Trusts) are a very specialized area of law. I strongly recommend that you meet with an experienced planning attorney to assist you. It is impossible to answer your question without a lot more information.
answered on Feb 24, 2020
I strongly recommend you schedule an office or phone appointment with an experienced probate attorney. You will save yourself a lot of frustration by making sure you handle the estate accurately from the beginning. Also, attorney fees are almost always paid out of the estate assets.
answered on Jan 27, 2020
I'm afraid you have not asked a question. However, if an Oregon resident dies without a Will or Trust then Oregon's intestate laws control the distribution of his estate. When a decedent has no spouse, children or surviving parents the estate assets (after payment of all outstanding... View More
My sister was struck and killed by a car in November 2019 in Portland OR. She was married and has no children. She died without a will and what we believe is an insolvent estate as we came to find out that she was secretly in a mountain of debt. Many collections agencies will not release... View More
answered on Jan 22, 2020
I am so sorry for your loss. Unfortunately, there is no legal way to obtain the information you need about your sister's debt without filing a probate. Since your sister passed without a Will her spouse will inherit her estate through Oregon's intestate laws. I recommend he hire an... View More
answered on Jan 20, 2020
It sounds like you need to hire an experienced probate attorney to assist you with your issue. It is possible to close a probate even if all creditors have not been paid in full. An experienced probate attorney will assist you with this.
answered on Jan 20, 2020
I think you'll need to provide more information about your specific situation if you'd like to receive a helpful answer.
After my step dads major stroke to the right side of his brain, he became aggressive. Especially towards my mom and I ... He even notified others of his intentions to stab her to death. He was removed from the home by the police and now living with a man he hasn't seen in over 55 years and... View More
answered on Jan 7, 2020
You and your family are experiencing a very complicated elder law issue. I recommend you hire an experienced local elder law attorney to assist you. Your question cannot be answered online.
When I've asked her for an accounting of the trust she says "there's no money so there is no trust. Real property has been sold along with vehicals including recreation vehicals. Each beneficiary was to get 1/3 of his estate and upon his death was to distributed to us kids. He was... View More
answered on Jan 6, 2020
It is possible that your father never transferred his assets into his Trust. If, for example, his property was jointly held with his wife then it is not controlled by his Trust. I recommend you hire a local probate attorney who can write a demand letter to the Trustee(s) to try to determine... View More
My wife and I recently relocated from Portland to Palm Springs. For the past 4 years my wife has acted as the Power of Attorney for her elderly aunt who has no kids and only a brother and sister who have been unable to care for her. My wife coordinated the placement of her in a care facility as she... View More
answered on Dec 10, 2019
It's possible that Medicaid will see paying for your travel as a valid expense as long as it benefited your aunt and was not just for a visit. You will also have to check your Power of Attorney to make sure it authorizes you to make this kind of purchase. You would likely benefit from an... View More
Can he take the money and run. Should I hire a lawyer too?
answered on Nov 18, 2019
Yes, you should consider hiring an experienced probate attorney to review all paperwork so that you can be sure that your brother is handling the estate properly. You should explain your concerns with your attorney. It is possible that your brother should not be appointed as Personal... View More
I was a minor when he passed and he was not legally married to my mother, but did sign my birth certificate declaring him as my father. My mom told me that he did have life insurance and that I was on it as his beneficiary. I have no idea why I wasn't contacted in regards to this policy, or... View More
answered on Nov 14, 2019
It's possible that you have some rights in regards to your father's estate but I don't have enough facts to know for sure. If he died without a Will then you are one of his intestate heirs. However, this is only helpful if he owned assets that needed to go through probate (assets... View More
My wives father passed recently. Her father owned a mobile home and was the only person on the title after he died with no will. He did not own the land it was on and had a rental contract with the land owner. My wife and her brothers are under the impression that because the title is only in... View More
answered on Nov 11, 2019
You are basically correct. Your father-in-law's estate is liable for the space rent. Whoever inherits the estate (his intestate heirs) will have to pay this debt before they will be able to inherit. Since the rent accrues every month your wife should hire a probate attorney to discuss... View More
We are an unmarried couple and are on the deed of trust "not as tenants by the entirety, but with the rights of suvivorship. The titles to the vehicles have each of our names on them. We each have bank(savings & Checking) accounts with designated beneficiaries up on death. We each have... View More
answered on Nov 7, 2019
No one could give you the legal advice you seek without the additional information that is obtained in an estate planning appointment with an experienced attorney. However, from the information you have provided I would guess that you and your partner will be fine with Wills. An estate planning... View More
She notarized the will. After dad died. All of this was coached by my moms best friend. Fast foreward to june or july this year mom get put on hospice. At the meeting with hospice moms best friend says hes not the executor said didnt sign anything. Mom tells me she didn't have him do it and... View More
answered on Oct 25, 2019
I'm sorry for your loss. It is important that you meet with a probate attorney to help you evaluate your situation. There are important deadlines in a Will contest case so I encourage you to schedule an appointment as soon as you are able. Be prepared to pay for the attorney's time at... View More
Hi, my husband just passed away and without will because he got a stroke is die very fast. Last Oct 2018, his daughter introduce a lawyer for him so we designed to made a trust. On the first meeting my husband said l can using all the rent income for ten years until our daughter Graduates but the... View More
answered on Sep 24, 2019
It is certainly understandable that you may be confused at this difficult time. Rather than relying on legal advice you may get online, I strongly recommend that you hire an attorney who can review the relevant documents and advise you as to your rights and responsibilities. It sounds like you... View More
After she was removed as p.r. the court appointed a lawyer. The lawyer decided to take the alternative fee which is his hourly rate. My question is my au t after being removed entitled to the full p.r of 21k. She already recieved through the court 6k for her work.
answered on Sep 10, 2019
Most likely your Aunt will not receive the full PR fee considering she was removed by the Court. You say she has already received $6,000 for her work but that would be very unusual for a Personal Representative to receive any of the PR fee before the estate has closed. I recommend you hire a... View More
We were issued an outside PR because we could not agree. But our PR is only handling the actual $ he says personal property, computers, rolex's, etc are for us to divide and figure out. IF we cannot deal with personal property between us, he says he will sell everything at an estate sale and... View More
answered on Sep 5, 2019
If you and your family cannot agree on the division of the decedent's tangible personal property then the Personal Representative will likely sell it and divide the cash. You should send any mail your father has received to the Personal Representative. You do not have to wait for him to ask... View More
My boyfriends brother is the executor and we dont get along and me and my boyfriend the beneficiary have been living in this home for 9 years together. Can his brother kick me out while it's in probate
answered on Aug 20, 2019
I recommend your boyfriend consider consulting with a probate attorney to learn his rights. It's possible that he will need to vacate the home so that it can be sold. However, it is also possible that his attorney can help negotiate a settlement to allow you and your boyfriend to continue... View More
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