As a trust beneficiary, you may feel like you are at the mercy of the trustee, but depending on the type of trust, trust beneficiaries may have rights to ensure the trust is properly managed. A trust is a legal arrangement through which one person, called a “settlor” or “grantor,” gives assets to another person … Read moreWhat Rights Do Trust Beneficiaries Have?
Q: My mother died 13 years ago. My brother has been in charge of her estate. He refuses to put her home up for sale, instead using the estate’s money to pay the upkeep on an empty house for 13 years. What can we do to get this estate settled? Can my brothers and sister … Read moreCan I Force My Brother to Close Out My Mother’s Estate?
Q: My wife and I have are agents under my 86-year-old mother’s durable power of attorney. We are her primary caregivers because she is not able to cook her own meals, clean her own home, do her own laundry, do grocery shopping, drive herself to doctor’s appointments, allocate her own medications, or pay her own … Read moreIs an Agent Under a Power of Attorney Entitled to Compensation?
Q: I am the agent under a durable power of attorney (DPOA) executed in 2013. Is the document still valid if I move to another state? A: It’s wise to execute a Durable Power of Attorney in the new state, for practical reasons more than legal ones. The idea is to have a document … Read moreIs a Power of Attorney Valid in Another State?
Q: My mother wants me to be her agent under a power of attorney, and I went online and found a form I can print up and take to a notary. Is this legal? A: While it is legal to use an online power of attorney form, it usually isn’t a good idea. A power … Read moreIs Using an Online Power of Attorney Form a Good Idea?
Q: My mom has been diagnosed with altered mental status including: REM sleep behavior disorder, cerebral degeneration, and non-Alzheimer’s-type dementia, possibly Lewy body dementia. Is she legally able to sign a will and make changes to insurance polices that she bought 20 years ago? If she makes changes and signs the will, would it be void … Read moreCan Mom Make Changes to Her Will Even Though She Has Dementia?
What should I know before consulting an attorney? Estate planning requires an understanding of how various areas of law may impact one’s estate, such as estate law, probate law, tax law, marital law, real estate law, and Medicaid law, among others. If you want to ensure that your needs and concerns are effectively considered and … Read moreWhat should I know before consulting an attorney?
Spousal impoverishment refers to the concern that the community spouse will be left destitute because of the high cost of nursing home care. Most states have special rules intended to protect the community spouse by allowing the community spouse to retain a certain amount of the families resources and income to meet her monthly support … Read moreHow can I protect against spousal impoverishment?
How can I protect my home and income? Asset protection is an important component of most estate planning. Traditional estate planning includes objectives such as: to avoid tax consequences; to protect the assets of minors and persons who are unable to manage money; to protect against those who might abuse one’s trust; to establish a … Read moreHow can I protect my home and income?
What is the difference between Medicare and Medicaid? These are separate public assistance programs. Medicare is a federal health program for the elderly and the disabled. Medicare provides temporary coverage of hospital, nursing home, home health care, hospice and other skilled care, and general medical insurance. One has to be at least 65 years old … Read moreWhat is the difference between Medicare and Medicaid?