Browse Questions About Elder Law and Legal Planning

Can I make a property transfer as POA?

Question - Reverse mortgages are rarely a good option if a homeowner is likely to enter a nursing home in the near future—or anytime within three years or so, so that may not be your best route.

1 Expert Answer, 2 Community Answers

Can a power of attorney be revised after a dementia diagnosis?

Question - It sounds as if you and the other family members have given up in exasperation due to your sister’s actions and inactions—and that is understandable.

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What is the difference between DPOA and POA?

Question - A power of attorney grants to someone else – called the agent, attorney-in-fact, or surrogate -- the right to make legally-binding decisions for the person who grants that authority. This is true for a power of attorney for health care and for a power of attorney for financ...

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What is the difference between a will and a trust?

Question - Both documents transfer property when a person dies.

1 Expert Answer, 1 Community Answer

If I assume power of attorney for a parent's finances, do I risk my own credit?

Question - My father just lost my mother and he has gotten himself into major financial trouble and is even filing for bankruptcy. He is fully capable of handling everything himself and is in perfect physical and metal health. He does not want to deal with one bill or one thing when it comes to his finances and...

Where can I get free legal help with estate planning?

Question - There is some free good help for you, but as with most things, you usually get what you pay for. Your best bet for a free power of attorney for health care is the local hospital, preferably the one in which your mother might be hospitalized if needed...

1 Expert Answer, 1 Community Answer

Can I move my aunt without being her POA?

Question - Hi Tony, What kind of Power of attorney is it? If she considered custodial to the point of not being able to make her own decisions- she can not be left alone at all, you'll need to contact social services or medicare (which ever she uses)- with their help I honestly do not see any reason that she could...

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How Can I Assume Power of Attorney When Someone with Dementia Needs It?

Question - Usually it's a doctor -- or sometimes two of them -- who makes the judgment call about whether a person lacks mental capacity. And that determination is required before a power of attorney for either health care or finances can take effect, empowering you to act on another's behalf.

FAQ

1 Expert Answer, 1 Community Answer

Is there a time limit on making a revocable trust before entering a nursing home?

Question - Medicaid pays for over half of the nation's nursing home costs. To be eligible for Medicaid coverage of nursing home care, a person must have very low income and assets. Some people try to give away or hide their assets before applying for Medicaid, hoping by that strategy to keep their savings in their family but still have Medicaid pay for long-term care...

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What happens if a power of attorney dies?

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Does state residency affect power of attorney?

Question - I’m hoping the power of attorney your mom completed a while back will suffice for your long haul, too. The realities and legalities make your situation a bit murky.

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How should the title, introduction, and signature pages of a living trust be set up to restate the terms of the trust?

Question - There are at least two very important things to keep in mind when restating a trust. For one, be sure to make very clear reference to the existing trust and establish that this new document is a restatement and continuation of the existing trust...

1 Expert Answer, 1 Community Answer

What rights do I have in a shared POA role?

Question - Rankling as it may feel, your sister and step-sister’s actions and inactions may well be perfectly legal. But you describe an estate plan that seems to involve a lot of different documents, powers, and people named to control, so getting to the bottom of who controls what may take some patience and d sleuthwork...

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Does a Power of Health Care Agent supersede a Power of Attorney?

Question - The first step in determining which of these two documents may control and when is to take a hard look at them both, side by side.

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Can a will alone cover my dad's estate planning needs?

Question - For many people who have straightforward property ownership and straightforward plans for how they want the property they own divided when they die, a will may be sufficient to do cover that task. This is true because many assets, such as retirement funds and often bank and other accounts, can pass directly...

1 Expert Answer, 1 Community Answer

When someone is incapacitated, how can another person get POA for them?

Question - If your nephew is unable to communicate, it is too late to make a power of attorney, and guardianship and/or conservatorship will be needed. (Unless your state has an alternative procedure that lets family members provide health care consents for an incapacitated person.) This is a situation where you'll have to have legal assistance...

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How do I tell if Mom has LTC insurance?

Question - How do I find out if my mother has long term care (LTC) insurance? She also has Blue Cross/Blue Shield insurance, which she pays out of pocket. Would there be any way to get some in-home help (cleaning,shopping, running errands, etc) through this insurance company? How can I check...

Does having a pacemaker make you uninsurable for long-term...

Question - Just having a pacemaker implanted does not automatically result in a decline of an application for long-term care insurance.

1 Expert Answer, 3 Community Answers

When is it the age to buy long term care insurance?

Question - The earlier you buy long-term care insurance, the lower your premiums will be.

1 Expert Answer, 5 Community Answers

What is a durable power of attorney?

Question - There are two types of powers of attorney: one that pertains to finances, and the other to medical care.

1 Expert Answer, 2 Community Answers

If I have a employer group health plan, do I need to sign up for Medicare Part B?

Question - The answer depends on whether Medicare considers this special Change-in-Control employer-sponsored health coverage to be based on current employment or to be a kind of retirement plan. That's because of the wording of the Medicare rule concerning late enrollment in Part...

1 Expert Answer, 1 Community Answer

How do I obtain forms to initiate a durable power of attorney for finances?

Question - First, figure out what you want to accomplish with the power of attorney. And beware that there are two different kinds of power of attorney for finances: those that take effect immediately, and those that take effect only after a doctor or two certify that you are incapacitated.

1 Expert Answer, 2 Community Answers

Does a living trust protect money from Medicaid consideration?

Question - When Medicaid decides whether your mother is eligible for Medicaid coverage of nursing home care, it looks to see whether her income and assets are below her state's Medicaid limits. A living trust would not protect any of your mother's assets from consideration by Medicaid because she would still control how the trust funds are spent...

1 Expert Answer, 2 Community Answers

How do I get a power of attorney without my parent's signature?

Question - The answer depends on why you can't get the signature. The law in every state requires that a person must sign a power of attorney authorizing another person to act on his or her behalf.

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Can I transfer property to my own name with a power of attorney?

Question - Transferring your mom’s property into your own name could be risky business—unless the document specifically provides that you can do it. Otherwise, as the agent under your mom’s power of attorney, your job is manage the property for her benefit, not transfer it to yourself.

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How does a care agency process bills when the elder has long term care insurance?

Question - That depends on the terms of the insurance policy. Some long-term care policies specify that the insurance company will pay home care benefits only if the care is provided by a licensed home care agency. In that case, the insurance company and the care agency arrange for payments to be made directly to the agency...

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Is it better to leave my property by will or living trust?

Question - The first step for you to take is to look closely at the documents specifying how the title is held to the property you mentioned. Generally, property that you own with another person -- in joint tenancy, tenancy by the entirety, or community property with right of survivorship -- passes directly to...

1 Expert Answer, 1 Community Answer

When there was no estate planning what happens to the estate?

Question - Because your grandmother died without a will—or “intestate” in legal jargon—her property will be distributed according to the formula set out in state law: mostly likely, divided equally among the surviving four children.

1 Expert Answer, 1 Community Answer

Should my parents drop private insurance for Medicare only?

Question - You need to evaluate the cost of their Medicare supplement insurance versus how much your parents will have to pay out-of-pocket if they drop it.

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What is the age limit for long term care insurance?

Question - Generally, insurance companies do not sell long-term care insurance policies to people over the age of 84. Even if you were able to find a company that would sell you long-term care insurance at that age, the premium would probably be prohibitive.

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Should we appeal the decision to pay mom's back taxes?

Question - It definitely makes sense for your husband, on behalf of his mother to appeal the decision. It probably does not make sense to expend what little money your mother has on professional representation by an accountant or lawyer at this point. If you are unable to resolve the situation on your own, you may wish to utilize the independent advocate service...

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Can you go from durable to irrevocable power of attorney?

Question - Irrevocable powers of attorney -- those giving a person authority to deal with another's property -- are rare animals. Courts generally require that the person appointed to act must have an interest in some underlying property, so that if the power were revoked he or she "would be deprived of a substantial right...

1 Expert Answer, 1 Community Answer

What do we have to do for me to be able to make decisions while I am there, serving as the "alternate" POA?

Question - The primary place to go to for guidance as to your authority as an alternate agent under the Durable Power of Attorney is the document itself. The authority of an alternate agent can vary tremendously from document to document. Your father's particular Durable Power of Attorney will indicate under what circumstances you can act in place of your sister...

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Can I be removed as power of attorney if there is no second person listed in the documents?

Question - Is it possible to be removed as Power of Attorney if there is not a second person named in the original documents? How do you do so?

My brother got a temporary power of attorney over my 85...

Question - My brother got a temporary power of attorney over my 85 year old mother somehow without my knowledge, within the past few weeks. He put her in a nursing home in Kentucky. However, I was fortunate to catch them in court before a judge gave him full power. The judge scheduled a July jury hearing to decide...

If I act as POA on my grandmother's behalf, do I assume personal financial responsibility for her?

Question - How does someone acting with power of attorney limit their financial responsibility to that of a POA when signing health care paperwork? When my grandmother was recently admitted into a skilled nursing facility, I was asked to sign the paperwork...

When does a power of attorney take effect?

Question - First, know that there are at least a couple different kinds of powers of attorney, and lots of confusion over the semantics and meaning of all of them.

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Can a power of attorney document be revised?

Question - If my father has named my sister as a power of attorney. He is no condition to be under her care because of living conditions. Dan it be revised to list my mother or me as I can give him a better place to live?

Can a doctor have influence reversing power of attorney over a parent?

Question - What you describe is very unusual. Doctors rarely intervene in changing the authorized agent in a power of attorney; such changes usually occur only if the person for whom the document was made orders the change, or if it was clearly shown that you were “unable or unwilling” to do the job.

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If there's a family conflict over power of attorney with my sister, can she stop us from visiting our mother?

Question - If your sister has merely threatened to keep the other siblings out of the information loop and to ban you from visiting your mother, her threats are probably empty. Unless there is evidence that you have physically or financially abused your mother, most nursing facilities will actively encourage visits and the free flow of information...

1 Expert Answer, 1 Community Answer

Which takes precedence? A living will or power of attorney?

Question - Your first concern seems to be power of attorney misuse. But first, a word about when the legal documents you mention take effect: As agent named in your mother’s living will, you are empowered to make medical decisions for her only if and when she is unable to express her own wishes due to a comatotose condition, for example...

1 Expert Answer, 1 Community Answer

How can estate planning help protect mom's estate and provide for her care now and in the future?

Question - Get durable power of attorney and then sell her home.

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How can I transfer power of attorney from my brother to make caretaking decisions?

Question - If your brother holds a valid power of attorney, then he is the one legally responsible for making the decisions--and the nursing home personnel will be required to do his bidding.

1 Expert Answer, 7 Community Answers

Is court my only option when facing a conflict with my father's power of attorney?

Question - As a family member, the concerns you raise about your father’s quality of care will usually trump the opinions of a caregiver who is not related. And now that your father is being cared for in a nursing home, the former caregiver you describe may hold even less sway.

1 Expert Answer, 1 Community Answer

Does a note on a house affect a trust?

Question - If your mother put her assets into a living trust to use for her own benefit during her lifetime and then left those assets to you and your brother, the two of you will get the house--along with the mortgage on it--at her death.You and your brother can then either sell the house and pay off the remaining...

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Can I assign a temporary power of attorney?

Question - I am going to the hospital for surgery. I would like to give my oldest son Power of Attorney, temporarily. I want him to be able to sign checks and make decisions, but only temporarily. What should I do?

How do I set up a real estate trust?

Question - First, let's be clear as possible about semantics, which have a funny way of changing the legal meaning of one thing to some completely different and sometimes unexpected animal.

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Can all children see their parents' living trust?

Question - First, just a brief note on some confusing legal terms. A living will is a document that allows people to specify the kind of medical care should be given or withheld if they became unable to express those wishes. A living trust is similar to a will, as it specifies who should get property after death--and it sounds as if that is the topic of your concern...

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When you have a living trust do you need a will?

Question - Living trusts and wills function almost the same during life. The difference is that when you die, the title to the property in your trust will pass automatically to those you named to take it; wills must generally go through a court's probate process...

1 Expert Answer, 1 Community Answer

If I have power of attorney for my mother, does she need to be with me to close credit card and other financial accounts?

Question - If your mother has appointed you the agent in her power of attorney, you should not need to have her with you when you close the accounts; that's one of the reasons people give someone a power of attorney—to assist them when they can't do things themselv...

1 Expert Answer, 1 Community Answer

Are family corporations a good or bad idea?

Question - It's one way parents can pass along property to children. But be forewarned: There are complicated rules about gifting shares in private corporations. You are all on safe ground if your parents properly valued those shares and reported the gift of those assets to the IRS if they were above the annual...

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How do I get power of attorney for my mother with dementia?

Question - Whether you can obtain a power of attorney for your mother may depend more specifically on her mental condition. There is a legal requirement that the person for whom a power of attorney is made must be "of sound mind." This mental competency requirement isn't too onerous to meet, but can be elusive to some people suffering from dementia...

1 Expert Answer, 3 Community Answers

How Do I Obtain Power of Attorney for Someone Who Has Been Diagnosed With Alzheimer's?

Question - The answer depends on the person's specific mental condition. Bear in mind that the person who has been diagnosed with Alzheimer's (or some other form of dementia), not you, must be the one to finalize the document. There's a legal requirement that the person making a power of attorney must be "of sound mind...

FAQ

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How do we preserve my deceased father's estate when my mother remarries?

Question - It depends on what your parents' estate plan says about who controls the property that your father left behind. If he left it all to your mother, then what she does with it is her business, and not yours. And if you are your mother's financial agent, acting under a power of attorney that she signed,...

1 Expert Answer, 2 Community Answers

Am I responsible for my father's debts if I have power of attorney?

Question - If you haven't done it yet, your first order of business should be to check with the NYC authorities and unravel what went wrong with the disrupted benefits. Arm yourself with patience, perseverance, and politeness. Getting to the bottom of the mistake will likely require all of them...

1 Expert Answer, 4 Community Answers

How can Mom apply for Medicaid post-stroke?

Question - I don't have power of attorney in order to gain access to my mother's financial records for her Medicaid application. Unfortunately this wasn't arranged before my mother had a stroke, which left her paralyzed on her right side (she's right-handed) with aphasia...

What is the difference between power of attorney and conservatorship?

Question - A power of attorney for financial matters and a conservatorship can both authorize a person to have control over another person’s financial affairs.

1 Expert Answer, 5 Community Answers

How do I sign documents if I have power of attorney?

Question - Your question points up one of those interesting legal conundrums: You go through the hoops to take care of business, then no one quite explains the fine points about how to put your power into place.

1 Expert Answer, 2 Community Answers

How should my father balance estate planning, tax planning, and Medicaid look back rules?

Question - To sort out these competing issues, your father first needs to figure out his estate tax situation. The federal estate tax doesn't kick in for estates under the $2 million threshold, so he doesn't have to be concerned about federal estate taxes...

1 Expert Answer, 1 Community Answer

Does a sibling have any say in her mother's burial planning if she does not have power of attorney?

Question - Any power the sister holds by dint of the power of attorney ends when your friend's mother dies. So that will not likely be the sticking point in their situation.But to avoid an unpleasant psychological wrestling match when death does occur, you should urge your friend to put a few safety guards in place...

1 Expert Answer

My dad has has a stroke and shows signs of dementia, how can I get power of attorney over his affairs?

Question - My father has had a stroke, and has been ill for 28yrs. His mental statis is very bad. How do i get power of attorney,for any of his affairs, such as his social security check? He dosen't care if he spends it or not. He will not listen to anyone, not us or even his doctors. Our situation with our father is very bad...

How do I gain access to my parent's medical records without a durable power of attorney?

Question - HIPAA has proven to be a nightmare for more than a few families. Legally, you need to be named in a HIPAA authorization to gain access to your mother's data, or even to talk to her doctor -- even if she has given you a durable power of attorney for healthcare...

1 Expert Answer

In Canada, what form is needed for a spouse to make heath care decisions?

Question - In Ontario, Canada what form or document does a spouse have to sign so that she may make the decision to end life support for her husband? He is on life support, is about to lose his leg, has had a massive heart attack,and his kidneys are not functioning...

Is there a program to help pay the cost of assisted living?

Question - Since your mother receives Supplemental Security Income (SSI), she's eligible for Medicaid coverage in her state. In some states, Medicaid will pay most of the cost of residence in certain assisted living facilities. That's because it's a lower cost alternative for Medicaid than paying for nursing home care...

1 Expert Answer

Is it wise to make one child both the trustee and agent in a power of attorney?

Question - It depends on your family dynamics.Often one child is entrusted with both jobs. The agent acts for a parent when they are alive, but incapacitated; the trustee usually is empowered to act after death, but sometimes during life, if the parent resigns as trustee...

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Who is the best person to sign as the "responsible party" for my mother's assisted living facility?

Question - Your mom's agent for property management is the person that she appointed to act on her behalf should she become incapacitated. That means that her agent is the person who is designated to act as her financial advocate. While these documents vary in scope, most agents would have the authority to pay bills and take care of other property-related matters...

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What's the emergency procedure for obtaining durable power of attorney for finance or health care?

Question - Ideally, your mother will have a revocable trust in place, so that you can assume the role of trustee when the time comes. If your mother hasn't signed a durable power of attorney for finance and healthcare, allowing you to step in and help where necessary, now is the time to secure one...

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Can a parent revoke a durable power of attorney?

Question - Yes, he can do this at any time, without the aid of an attorney, until he's incapable of making that decision. Though you may not approve of his revisions, remember that the laws that enable your father to draw up a durable power of attorney, giving you the right to make decisions for him, are designed to aid and protect him, not you...

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Does a revocable living trust have to be notarized every 5 years?

Question - No, there is no such requirement.

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Does a trust need to be registered in Illinois?

Question - Charitable trusts, which are generally established to help those in need, are subject to some registration requirements under Illinois law.

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How can a durable power of attorney be ended?

Question - Couldn't quite tell from your question whether you were worried that someone else might want to step into the role of serving as attorney-in-fact for your mother -- or whether you wanted to be relieved of the duty.

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How can we get power of attorney over my wife's uncle when he's incapacitated and has no active identification?

Question - Even though your wife’s uncle has suffered the effects of strokes, you may still be able to obtain a power of attorney for him if he has the legal capacity to order one. In the eyes of the law, this means he must understand the nature, scope and effect of the document.

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Do you need a power of attorney if your spouse dies without will?

Question - The power of a power of attorney ends when the person for whom it was made dies, so will be of no help in managing affairs, getting access to money and accounts, or transferring property when a spouse dies.Unless a spouse is a joint tenant to the property, as is often the case on the title to a house...

1 Expert Answer, 2 Community Answers

What is meant by "medically neccessary" or under what circumstances will Medicare pay for long-term care?

Question - Basically, Medicare covers only a short time of long-term care, and only under very strict rules. Medicare Part A can cover most of the cost of a rehabilitation stay in a skilled nursing facility, but only for a certain number of days following a hospital stay, and only for skilled nursing care...

1 Expert Answer, 1 Community Answer

Is there a way to get power of attorney back after it has been revoked?

Question - The best resolution for this problem may also require the most angst and energy to pursue: Get clear with the two daughters why they changed the power of attorney in the first place, since that doesn't seem to mesh with the caregiving reality you describe...

1 Expert Answer

Can Power of Attorney be revoked in the event of identity theft?

Question - Hello. I have been researching the subject of Powers of Attorney myself, but I am no expert! I have learned on this site that a Power of Attorney is no longer valid following the Principle's death. The Principle would be the person giving the Power of Attorney to the Agent, I gather...

1 Community Answer

How do I transfer power of attorney to a sibling?

Question - Unless your sibling has been named as an alternate agent in the original power of attorney document, your father is the only one who can change the choice of agent. And to make that change, the law requires that he must be mentally competent—that is, to understand the nature of the document and whatat it means...

1 Expert Answer

Are online estate planning documents legal?

Question - First, be aware that your question concerned several different types of documents: a will, a healthcare directive, and a living trust. Complete estate plans often include all of them, but they are different things. Wills and living trusts allow you to direct how your property should be divided and distributed at your death...

1 Expert Answer, 3 Community Answers

Do I need Medicare Part B if I have BCBS Federal Basic Insurance?

Question - If you are retired and have Medicare Part B as well as other insurance, Medicare would be your "primary payer," which means it would pay its full benefit amount for any covered medical service; your other insurance would be the "secondary payer," which would pay the costs that Medicare leaves unpaid...

1 Expert Answer, 1 Community Answer

Is there a time limit on distributing trust money?

Question - â€¨A true family trust takes the meaning of "trust" to its outermost limits -- usually naming one or more people to act as trustees, and giving them the discretion to distribute trust income in any way they see fit. â€¨Such trusts are usually set up as rather sophisticated tax managing devices, as tes...

1 Expert Answer

Does a written guide exist for trustees to refer to?

Question - There is. The best one I’ve seen after perusing dozens is The Executor’s Guide: Settling a Loved One’s Estate or Trust, available in bookstores or online from Nolo.

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We feel dad's CPA took advantage of him by adding himself as a trustee. What can we do to protect him?

Question - Your father-in-law is the only one who can change the terms of his trust, so you’d need to concentrate first on him. You might want to ask outright why he made the change and listen to the answer he gives. He may feel he is already overburdening you with all the bill-paying and caretaking you’re alr already doing on his behalf...

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Can the pay-out terms of a trust be changed?

Question - Lawyers are only human—some even say subhuman—and so we make mistakes. But it’s rather a concern here that not one but two lawyers have actually eyeballed the documents that control your situation and have come to the same conclusion. Ask them to clarify and explain exactly how and why they came to me...

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Who should I see to set up an irrevocable trust?

Question - While most lawyers would argue that you need to hire them to write a trust, the truth is that only you can do the hardest part of the job: understanding what your property is and deciding who should get it.If you're willing to do a bit of brainwork, you can get lots of good guidance from some self-help products out there...

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When parents move to a new state, are their wills and trusts valid in the new state?

Question - A will or trust valid in one state is, broadly speaking, valid in all. But there is a big difference in laws that control how married couples own property. In community property states, they share most property, but are free to leave their own half by will or trust...

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What is considered an "asset" when setting up a trust account?

Question - Assuming you mean a living trust, which is a way to avoid probate, your parents should transfer the ownership of their home, any large bank accounts and nonretirement investment accounts into the trust, as well as their personal property, such as home furnishings and jewelry...

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Who manages life insurance money left to minor children beneficiaries?

Question - The life insurance proceeds left to a minor child who is a beneficiary of a life insurance policy are managed on behalf of the child by the child's guardian or parent until the child reaches the age of eighteen -- at which time any remaining funds must be turned over to the child.

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What if we suspect a trustee is mismanaging a trust?

Question - You are living proof of a difficult truth: Money and aging and the fear of death can disrupt the peace in families that seemed to operate as lovingly as the Waltons -- and can quickly bring out the worst in a family with even the slightest dysfunctional tendencies...

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How can I get out of half-ownership of property my parents left to me in a living trust?

Question - It depends on what the trust specifies about your ownership and whether it gives you any options about selling it.As a practical matter, you are not very likely to find a buyer for half the house if your sister is hostile to that idea. And no, you cannot force your sister to purchase your half unless...

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How can I legally get payment from my mother -in-aw for a property we co-own?

Question - It appears that you have two issues to deal with: the immediate issue of paying bills, and the larger issue of your mother-in-law’s ability to manager her financial affairs.Is anyone paying her bills? If she has a durable power of attorney for finances in place, the agent authorized to act in it shohould be taking care of this...

1 Expert Answer

Should I put an IRA in a living trust?

Question - There are a lot of good reasons to combine your IRA and living revocable trust, but the process can be complicated so it's important to work with an attorney or other estate planning professional to make it is done correctly.

1 Expert Answer, 1 Community Answer

What are the advantages or disadvantages of adding my name to my father's home?

Question - First doublecheck the trust document. The prime reason most people set up living trusts is to pass valuable assets free from probate—and their houses are usually included as one of the most valuable assets they possess.

1 Expert Answer, 1 Community Answer

Should I put my parent's home in trust?

Question - It depends.Sorry--that doesn't sound like an answer. But there are a couple of issues to consider before you can make the best decision.First, if either of your parents are ill or just need help managing their finances, then a trust can be an efficient way to manage all of their assets--and you should consider doing it...

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How do I go about changing the beneficiary on an irrevocable trust?

Question - In legal jargon, it’s the trustee, who is charged with managing the trust assets, who is generally also responsible for providing information about the transactions. Beneficiaries are those named to get the trust assets.

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What's a Totten Trust and does it protect assets?

Question - A Totten Trust is somewhat of a misnomer because it is a trust in name only.

1 Expert Answer, 1 Community Answer

What can I do if I think the trustees are acting illegally?

Question - These are serious charges. Trustees have a number of legal duties--including one big one: to keep each beneficiary reasonably informed of the trust and how it is being handled. Trustees are also required to file accounts with the beneficiaries--and must usually do that annually...

1 Expert Answer, 1 Community Answer

Do CDs in trust count in determining Medicaid eligibility?

Question - The answer depends on the type of trust. If the trust is “revocable,” the CD would count toward her eligibility. It is revocable if your mother retains the right to take assets out of the trust – in this case, to cash in the CD. If she can remove the CD from the trust and use the money herself, it c, it counts toward her Medicaid eligibility...

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Are family trusts public documents?

Question - People often set up trusts for the very reason that they want to keep the contents private.

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What are the benefits of putting a house in trust?

Question - For most people, the single biggest advantage to placing a home in such a trust occurs after they die: It allows their survivors to save the cost and time of putting the property through probate, which is the common court proceeding required to transfer the title to it...

1 Expert Answer, 2 Community Answers

How can I set up a trust account in a bank for my granddaughter?

Question - The best way to set up a trust account -- especially for a large sum of money -- is to have a lawyer draft a trust specifically tailored to your specific needs and wishes.

1 Expert Answer, 1 Community Answer

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