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David L. Carrier’s Q&A

Michigan – Estate Law. My uncle is the Executor an estate with a Pour Over Will. His attorney came up with a release document..

1. Requesting releases before disbursing funds is a sound and prudent practice upon which I always insist,because I don’t want to find out 3 weeks after disbursing funds that some beneficiary has an objection. 2. The Protective Order is issued by the probate court upon solicitation by the personal representative to force beneficiaries to make their complaints NOW or forever hold their peace… 3. Beneficiaries always have the opportunity to be heard. 4. Pay the investigator to find out what’…

My father has moved in with my family. Can he qualify for Medicaid, or do they include the whole households income?

Medicaid generally looks to the applicant’s income and assets when determining eligibility. BUT sometimes (married couples/parents w/ dependent children) the couple is viewed as an Asset Control Group or Fiscal Group and now the assets/ income of the other will count… The best advice is always to consult with local counsel… counsel who can tell you how many applications they filed last month and what is their success rate in getting applications approved…

My father will be applying for Idaho Medicaid next month. I’d like to buy his house from him. What should I do?

Q: What should I do? A: Talk to someone who knows what they’re doing in elder law. This is probably the worst thing you can do, since you’re converting an exempt asset into a countable assets. But, it may make sense depending on your options for preserving cash vs enhanced estate recovery in ID… Rethink this one!

Can your roommate withhold your medication for money

Well that sucks… I think the medications would be treated differently than the other stuff

In MASS. is it necessary for someone entering a nursing home to sign over her assets to the home?

Consult with a local elder law attorney who specializes in forward planning, who is not afraid of medicaid divestment trust planning and who understands that if you don’t plan ahead, AND you need MassHealth, the Commonwealth will put a lien on your house, cottage or cabin and it’ll be gone after you are… Or you can do nothing and go broke…

I have a in house doctor and nursepractioner come in my home take care of my bed ridden mom she’s had a uti infection for month

I hope that by now, your mom has received the care she needed… The next time (and there will probably be a next time) dial 911 right away, don’t wait until your mom has had days of unnecessary suffering. I’d also consult with an elder law attorney regarding your mom’s care options…

What can be done?

This sounds like a law school final exam question, but rather than fill the equivalent fo three “blue books” (do they use blue books anymore?) I would suggest that he consult with an elder law attorney immediately if he is still competent. If he is not, get the same attorney to petition the probate court for guardianship/conservatorship… you need some fire power here. In Michigan, the wife (separation doesn’t count) would have priority, so get to court….

Real estate (home) transferred out of Mom’s name. How long before it won’t count against us to become Medicaid eligible?

Agree with everyone who said 60 months! But I’d also say that it’s not that the house doesn’t count, it’s that there would be no divestment penalty period. My rule is always, Don’t Apply ‘Til You Qualify! So have the case reviewed by local elder law counsel before you submit the application. This Medicaid stuff is fraught with peril for the unwary!

How long do does my elderly father who is living with me and I’m taking care of him to become a legal resident of KY?

Larry’s right, as soon as your dad moves in and intends to stay, he’s a resident. Some states (like Michigan) also pay lip service to “domicile” which is the intent to permanently remain, but that’s not part of the residency thing…

I married an elderly man they are trying to charge me with exploitation if they proof him incompetent can they still charge me ?

My answer is the same as it was before, in your last posting of this question, but hey! bonus points! Whee!

I married an elderly man they are trying to charge me with exploitation if they proof him incompetent can they still charge me ?

If your husband was competent, then he can support you and the two of you can use your marital resources however you choose. But you have to understand that the law enforcement arms of government are not unfamiliar with the “gold-digger” scenario in which the significantly younger and financially weaker woman marries the old rich guy… I’m not sayin’, I’m just sayin’ In any event the truth will out and it always bears repeating the the innermost circle of hell, where the lost souls lie…

My 55 yr old niece is on SSD. She has $15,000 + – in a 401K. Can she access her money without losing her SSD?

Social Security Disability is not means-tested… there’s no financial requirement. If your niece were also on SSI Supplemental Security Income, then you’d have a problem…

Wouldnt it be a conflict if the mother of the victim is also the mother of the perpetrator? They are half siblings.

You need to consult with local counsel because this is waaay beyond the scope of this website….

If I am going to apply for Medi-Cal and own my home, will filing a homestead affect my eligibility?

In Michigan, it wouldn’t matter, because the declaration of homestead (Affidavit of Principal Residence, here) is merely to reduce your annual property taxes. Consult a local elder law attorney for your California mileage…

Excessive fees charged for a delinquency

Depends on the services for which the legal fees were charged. Was mom sued and a judgment entered against her? I don’t know… the fees might be reasonable or excessive… without more information, you can’t tell…

Charity chief executive cultivated friendship with wealthy 87 yrs old woman donor of the charity and now assets will be hers.

This is a terrible, awful, no good, very bad situation… What the CEO did was reprehensible and should be stopped; on the other hand, if the donor is mentally competent, she has the authority to do whatever she wants with her money.

Will a gift of equity when buying her house affect my grandmothers Medicaid benefits?

(In Michigan, at least): Divestment = transfer of a resource for less than Fair Market Value. A gift of equity, by definition, means that the property is being sold for less than fair market value and in Michigan, at least, the amount of the gift would be a divestment that would create a penalty period that would begin when grandmother is broke and in the nursing home… at that point Medicaid would not pay until the penalty period was over. So… don’t do it unless you’ve got written guidance…

My mother died in a nursing home and was on Medicaid , how can I cash a refund check from her apartment

Consult with a Wisconsin attorney, of course, but in Michigan, small amounts of money are not recoverable by the state due to the family allowance. There’s usually a small estate procedure…

Will MedicAid allow us to use our in-home care ins. policy to supplement the care we receive in our AFH once we are on MedicAid?

In Michigan, at least, the Department of Community Health will take the proceeds from any LTC insurance policy when the person is on Medicaid.

Husband died with no will. Do I automatically inherit anything he owns? All debts?

If the house was owned by husband and girlfriend as joint tenants with rights of survivorship, the girlfriend now owns the house. You do not owe the debts, though…

As a beneficiary named in my mother’s will, do I have a right to a copy of the will?

#1 Consult with local counsel #2 Petition probate court to order brother to produce the will #3 See what happens next!

Do any of u probate wills I need to have my husbands will probated and then I would like to sell

Yes, you do need to get your husband’s will probated. So do it. This is a good first step, screen local attorneys then go visit one and get this done….

Probate in WA. PR and other beneficiaries owe the estate over 500k in debt. Loans from decedent who’salso father. Best Approach?

Putting “LOAN” in the memo section of a check does not create a promissory note, but it might be evidence that a fiduciary (attorney in fact under the power of attorney) was authorized to take the funds… Lots of facts here that would support lots of speculation, so I’d suggest a consultation with a local attorney who can ferret out what is really going on here….

My sisters husband passed away recently and left her with credit card debt that was in his name only. Is she responsible.

Not responsible for his debt, but if she wants to keep his house, all she has to do is to continue making the payments called for by the HELOC…

Our mother passed away last December. She left a trust with assets divided six equal ways. Two brothers are trustees.

Trustees are given wide discretion/latitude/freedom to act in carrying out the trust provisions. The flip side of this great power is (did you see this coming?) great responsibility to be true to the trust and to deal with the trust assets faithfully. Why is the trustee contesting the real estate (and what does that really mean)? When trustees don’t live up to their obligations, going to court is the remedy and you should take it sooner rather than later. “If ’twere done when ’tis done, ‘…

What kind of fees or taxes have to be paid on a estate home that was willed to a trust

As a beneficiary, you have a right to this information and if it is not forthcoming (as it is not) I’d suggest consulting with an attorney with a reputation for assertive action. Of course there are transaction costs, etc, that will need to be paid, but there is no excuse to withhold the closing documents after demand.

Does Georgia have laws to protect the elderly who may have dementia or are just too trusting?

Q: Does Georgia have laws to protect the elderly who may have dementia or are just too trusting, such that a person older that a certain age cannot sign over their property to a relative that they trust without the regular signover process invoking a special state procedure designed to protect the elderly? A: I am not aware of any state that treats persons of a particular age as legally incompetent. Funny thing about “special state procedures designed to protect” persons based on immutable…

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