Elder Law Answers
My sister was named executor of our parents' will. It has been three years since our parents passed away and my sister has not moved to probate the will. Does a will have to be probated within a certain length...
Read moreMy mom has given her boyfriend a life estate in her house. When she dies, what rights do we have once we inherit the house? We don't want to deal with the boyfriend and really don't want to pay upkeep...
Read moreAs an agent under a power of attorney, how far back do I have to keep documentation for accounting purposes? I have been my mother's agent since 2004. My mother is in a nursing home and has enough assets to...
Read moreMy mother, who is now in a nursing home, has outstanding debt on her credit cards. Her only source of income is Social Security and a pension. Medicaid requires that this income go to the nursing home. What should she...
Read moreMy mom has an individual whole life insurance policy. Her current policy has a death benefit of $30,000 and no cash value. Medicaid has been paying for her care. When she passes away, will the state be able to take...
Read moreIn the settlement of Medicaid claims following the death of a nursing home resident, which debt is considered the superior or higher priority debt? After the sale of a home with an outstanding mortgage, the bank holding the mortgage is...
Read moreI am the alternate agent under my mother's durable power of attorney. My stepdad is named as the primary agent. My mom and stepdad are now incompetent, although it isn't documented, and they are making some very bad decisions with...
Read moreMy stepmother has advanced Alzheimer's disease. My wife and I moved her in with our family and have been taking her to doctors and making sure her needs are met. She has a grandson who has not always been the...
Read moreMy mother-in-law has recently been diagnosed with Alzheimer's disease. She owns two rental properties that bring in a good income, but not enough to cover the full expense of a nursing home. She can spend down her savings, which should...
Read moreAsk us a question and we'll respond if possible. We receive a large number of questions and are unable to answer every one. But if you don't hear back, many questions, particularly those involving Medicaid law, are best answered by a local elder law attorney. To find a qualified elder law attorney near you, click here.
