We hired a probate attorney, and were informed that the recovery is about the value of her real property, and we cannot win against the state. Nothing had been filed in court yet so, I paid the attorney and we stopped the process. She was over 55 and lived alone, never in a nursing home. I do... View More
The State of Missouri has a limited time in which they can recover payments made on behalf of a decedent through medicaid. If the State follows all the requirements within the proper time frame they can enforce their claim. The State of Missouri can open an Estate for the deceased, if necessary...View More
It depends on several factors. For example, did the children contribute to the upkeep of the house, other gifts she has made and is she competent, just to name a few. There are more beneficial ways of doing this transaction which will satisfy her goals. You should consult an attorney.
He has no will. I’ve been living in his hook me caring for him for over a year. In February he was going to add me as beneficiary on his deed. The pandemic closed the courthouse until this week. He is now incapacitated and can not do so. Can I add myself as beneficiary? The financial POA states I... View More
Typically, if a POA grants a power then it is legal to exercise that power, assuming doing so doe not conflict with any limitations or restrictions given in the document. Another important caveat is that said power is being exercised in good faith and in keeping with the principal's interests....View More
My sister's husband was granted guardianship & conservatorship his name isn't on her home but he has moved his ex in my sister's home. We would like to know how to advocate for my sister who is incapacitated
Sorry to hear you are dealing with this. You could petition the Court for a guardian or a conservator to step in and make sure your family member is being cared for properly. If your family member is in immediate danger of some sorts, obviously call the police. Getting a guardian or conservator...View More
The answer depends on how the will is worded. If you receive the property and ONLY the property, if it is not owned at the time of death, the 'gift' is not effective. If you were given the 'property or its proceeds' then you'd get the money earned from its sale. That is a...View More
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