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Wisconsin Elder Law Questions & Answers

1 Answer | Asked in Tax Law, Collections and Elder Law for Wisconsin on

Q: Can the State of Wisconsin garnish a persons pension payment? I'm 69, receive SocSec and a small pension from UPS.

Bruce Alexander Minnick answered on Jul 24, 2019

As is usually the case when open-ended questions like yours are asked by non-lawyers the answer will be "It depends."

In this case it depends upon the reason for the wage garnishment. If Wisconsin law allows the state to garnish wages in certain cases (like failure to pay court-ordered...
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1 Answer | Asked in Immigration Law and Elder Law for Wisconsin on

Q: I live in Belgium and after a few months I will file my file to obtain Belgian nationality. I would like to live in USA

thanks

Denise Anderson answered on Jun 25, 2019

There are different immigration options through which an individual can apply to live in the United States. From the information you provided, It cannot be determined if any of the options would be applicable to you.

I would suggest speaking with an immigration attorney, explain the...
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1 Answer | Asked in Elder Law for Wisconsin on

Q: In the State of Wisconsin, can a person, who has an activated HCPOA, execute a new HCPOA with a different designee?

Thomas B. Burton answered on Jun 3, 2019

As long as the principal (the person who created the Health Care Power of Attorney "HCPOA") is mentally competent, and is not currently incapacitated as is defined in the document, they are free to execute a new HCPOA, and name a new Agent to act for them in the event of their incapacity, at any... Read more »

1 Answer | Asked in Elder Law for Wisconsin on

Q: how To avoid loosing a house to the nursing home so my moms significant other won’t become homeless in wi

Moms health starting to decline may need more assistant with care

Thomas B. Burton answered on Apr 30, 2019

If your Mom is married to the person in question, the community spouse can remain in the home, while the other spouse (called the institutionalized spouse) applies for Medicaid. This would allow the community spouse to continue living in the house until their death, after which the State of... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Wisconsin on

Q: As a beneficiary of my recently deceased parents, how can I obtain a copy of their initial Will, which was drawn up by

an attorney many years ago? Last August, 2018, it was then revised, of which I did receive a copy (of that revised one).

Thomas B. Burton answered on Apr 17, 2019

The old Will was likely revoked when they executed the new Will. You can only have one Will at a time, so when you execute a new Will you usually include specific language revoking the old Will. The other way to revoke a Will is by physically destroying it. It is possible your parents shredded or... Read more »

1 Answer | Asked in Elder Law for Wisconsin on

Q: I am POA for my mother. Can I prevent my sister from visiting my mom

My sister is irrational and wants to take care of my mom herself and now she went to the memory care and call the cops and they let her in and told me she can visit regardless and even take her out of there even though my mom is incapacitated

Thomas B. Burton answered on Feb 27, 2019

The answer to this question may depend on whether you are the Agent for your Mom under a Financial Power of Attorney or the the Agent under a Health Care Power of Attorney document. The Health Care Power of Attorney document is designed to designate an agent to take care of someone's physical and... Read more »

1 Answer | Asked in Elder Law for Wisconsin on

Q: How much should it cost to process a quit claims deed. I am transfering home ownership from children to parent.

Transfering title back from children to parent, In prparation for possible sale by parent.

Quit Claims deed form children have been signed and notorized.

Thomas B. Burton answered on Feb 18, 2019

Hello, the recording fee for recording a Quit Claim Deed is $30 payable to the Register of Deeds in the County where the property is located. If this is a sale from the children to the parent, then a transfer tax by the State of Wisconsin will be assessed on the value of the real estate... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Wisconsin on

Q: My Mother had left me 50% of her home, but was sold for her care.

my mother inherited $140,000 while in care, am I left now with nothing.

Thomas B. Burton answered on Dec 13, 2018

Hello, I am sorry to hear about your situation. This sounds like a situation where perhaps your Mother was receiving Medicaid assistance to pay for her long-term care? There are not enough details here to answer your question fully, but if your Mother left you 50% of her home in her Will (let's... Read more »

1 Answer | Asked in Elder Law for Wisconsin on

Q: Will my long term care insurance be negated if I move into an assisted living residence? Which is a better option?

I've had this policy for about the past 12 years. There is a short term policy which is in effect currently. I'm asking for my brother who is currently in a nursing come and may not be able to return to his apartment where he lives by himself more than 500 mile from me. He is 67 and has social... Read more »

Thomas B. Burton answered on Aug 23, 2018

It is likely that the long term care insurance policy covers an assisted living facility, because assisted living facilities generally cost less than nursing homes. However, you should check the details of your policy to be sure. Each long term care insurance policy can be different and will be... Read more »

1 Answer | Asked in Elder Law for Wisconsin on

Q: Does Medicare provide any coverage for dependents?

Thomas B. Burton answered on Aug 4, 2018

Generally, there are usually no provisions for dependents under Medicare.

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...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Wisconsin on

Q: If your Mother is in a nursing home and she inherits $100,000. Who gets the money...nursing home or remaining children?

The mother has a bad case of Alzheimer's.

Sarah Lynn Ruffi answered on Apr 23, 2018

Since Mother has Alzheimer's, she should have a financial power of attorney (would need to have been signed prior to the Alzheimer's diagnosis) or a guardian appointed by the courts (if no power of attorney). The person in charge of Mother's money (Power of Attorney or Guardian) should be the... Read more »

2 Answers | Asked in Real Estate Law, Elder Law and Estate Planning for Wisconsin on

Q: What is the best way for an adult child to buy her mother's house? Mother is in assisted living, house is paid off.

Are there ways to make this purchase while protecting the mother's assets? Alternative financing? Not using a real estate broker? Do siblings need to agree to the sale?

William F Sulton Esq. answered on Apr 6, 2018

Your mother can transfer the property to you at any time by signing a deed. She could also use a will or trust.

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1 Answer | Asked in Elder Law, Nursing Home Abuse and Personal Injury for Wisconsin on

Q: I have an aunt in stage 4 cancer who lives in a nursing home. My aunt never selected A Power of Attorney

Her daughter was removed over her finances and my aunt as since become a ward of the state with her finances in question

Emmanuel Muwonge answered on Feb 6, 2018

I am not certain as to what your question is and what you are trying to do for your aunt if anything. I would have to guess that you are trying to either manage your auntie's finances and or determine what they might be and or any other issue regarding your auntie's wellbeing in so far as it... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Wisconsin on

Q: I had a land contract with my mother so she could stay in her house, However, she passed away before I took out a loan

In her will it states how much I paid towards the HP/escrow(x) throughout the years. It also states If any remaining mortgages & property expenses due (Y)and owing on my residences exceed the amount of kelly's purchase price after the credit is given. then her purchase price shall be increased in... Read more »

Kenneth V Zichi answered on Feb 2, 2018

Well, this is quite the pickle.

If I understand correctly you have a land contract where you are BUYING your mother's house for x dollars, but there is a mortgage against it in your mother's name for y dollars. The question is not whether X plus Y > value of the house. It is whether or not...
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