Christie Tournet's answer The Trust document usually spells that out. Without knowing type of trust, or reviewing trust document, difficult to answer. But, generally speaking, the "Settlor" creates the trust for the beneficiaries. The trust generally continues for a specific timeline relative to the Beneficiaries, or class of beneficiaries. The fact that one of the settlors passed, should not change that over-riding concern too much. But, if you are talking about a revocable living trust and a settlor was also a...
Nelson Jose Francisco Alvarez-Aponte's answer Good evening and thank you for using JUSTIA. Yes there are various places that can help. You can contact the Sociedad De Servicios Legales in Aguadilla, the law university in Ponce, the office for the elderly in Aguadilla just to name a few. You can find them on the internet or by calling 411.
Answered on Aug 8, 2018
Matthew Williams' answer Depends heavily on the complexity of the estate. If the individual is simply poor and already medicare and Medicaid eligible, there's not much to plan. If it is a disabled person whose family has set up a substantial trust (or wants to), it is significantly more complex.
Stefan Dunkelgrun's answer Yes, you absolutely can petition the court. It would be a guardianship hearing, and you will be required to prove that she is not capable of making her own decisions.
Keep in mind that the legal standard for capacity varies from state to state, and can be quite difficult to prove. The mere fact that she has dementia is not sufficient, you need to prove that she does not have sufficient understanding to make her own decisions.
Genene N. Dunn's answer Yes, your niece can absolutely get in trouble for not paying the mortgage, but she may not be the only person responsible. It depends on who is on title, who is on the mortgage, what the trust says, etc. If your grandmother has capacity, she can probably sign some documents that will help remedy the situation. If she does not, then someone may have to go through conservatorship proceedings to take over your grandmother's affairs or potentially file a petition for the trust depending on...
Brent T. Geers' answer It sounds like there is no case to re-open. Prosecutors charge crimes, and it is up to them whether they will do so. Having been involved with similar cases, I can tell you that from a prosecutor's perspective, they can be more difficult to prosecutor than meets the eye. What you may find to be solid proof may either ultimately be inadmissible under the Rules of Evidence or disputable. Prosecutors take all that into consideration, along with whether charges (and a conviction) will serve the...
I found that there are three exceptions to the general rule, listed below:
Below are three situations in which dependent children could be eligible for Medicare:
If you have end-stage renal disease (ESRD) and need regular dialysis treatments or a kidney transplant, and are currently receiving Social Security or Railroad Retirement Board benefits, your spouse and dependent children may qualify for...
The usual age of eligibility is 65 years old. However, Medicare is available to those that have been eligible for Social Security disability benefits for at least 24 months or who have end-stage renal disease.
Terrence H Thorgaard's answer No, I don't see a problem with your taking possession of the furniture. You might advise the personal representative of what you intend to do, in case the PR has a problem with your doing so.
Mark R Petersen's answer If the Trust's location is Idaho and the funds were embezzled in Idaho, then it is likely you can pursue the case in Idaho. Idaho's "long arm statute" (the law that allows you to serve a non-resident) would determine if he can be served in California.
Determination of jurisdiction and the ability to serve an out of state resident with a Summons can be tricky. As a result, I would highly suggest you meet with an attorney and review the facts to make a final determination if jurisdiction...
Jason E. Neufeld's answer If your father is capable of signing (i.e. has the ability to understand what he's signing), then you/he would go to an elder law attorney to assist with drafting the durable power of attorney and health care surrogate / health care POA documents.
Ryan K Hodges' answer Overriding a power-of-attorney is not easy unless your mom agrees and revokes it. One of the few ways to force this is to petition the court to get guardianship for your mom. This is result is by no mean certain, but it is one of the few options in this situation.
Thomas A. Grossman's answer Your best bet is to find a lawyer who specializes in elder law and elder abuse. I am sure you can find one near you. A good Probate lawyer also might be able to help. Check out the internet to find one of these. Good Luck.
Michael P Vanderhoff's answer Both you and your husband should have updated your Wills after getting married. Real property doesn't automatically pass to another unless it is titled correctly to do so ("right of survivorship", "tenants by the entirety", Transfer on Death Deed, etc.). If you are left out of your spouses Will, you do have a right to a spouse's elective share, which would give you a percentage of the estate (see ORS 114.600–114.725). However, it is highly recommended you and your spouse avoid the elective...
Terry Lynn Garrett's answer If she sold the home for fair market value, selling the home should not disqualify her. If she sold it for less than fair market value within 60 months of entering the nursing home and applying for Medicaid, a penalty period will be imposed based on the amount of the "gift." During this period, she will not qualify. She may want to review her entire situation with a local elder lawyer. To find one, please use the Find a Lawyer function on the website of the National Academy of Elder Law...
Reece B. Morrel Jr's answer This one can get complicated very quickly. For example, is the IRA in payout status? If so, the answer is yes. Is the person married? If yes, part of the IRA may be allocated to the spouse. Also, what is the total value of the IRA account?
The thing to remember, is that Medicaid can look at income AND resources. So you may find yourself in a situation where you qualify under one test, but fail the other.
You should really contact a Medicaid Planner or Elder Law attorney for...
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