Steve Weisman

Caring.com Expert

About

Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City and KRLA in Los Angeles. He is a practicing lawyer specializing in estate planning and is admitted to practice before the United States Supreme Court. He's a public speaker and commentator who has appeared on many radio and television shows throughout the country, and he's the legal editor of Talkers magazine, the preeminent trade publication of talk radio.

Weisman has also taught at the University of Massachusetts, Curry College, and Boston University. Presently, he's a senior lecturer at Bentley College. Steve is the author of A Guide to Elder Planning: Everything You Need to Know to Protect Yourself Legally and Financially, Boomer or Bust: Your Financial Guide to Retirement, Health Care, Medicare, and Long-Term Care, and 50 Ways to Protect Your Identity and Your Credit: Everything You Need to Know About Identity Theft, Credit Cards, Credit Repair, and Credit Reports. His latest book is The Truth About Avoiding Scams.

Links

Recently Published on Caring.com

  1. Monday August 30, 2010

    1. How can I take over the POA my now late sister held for my mother?

      Answer - If your mother has dementia, she does not have the ability to make a viable check. Nor can she appoint anyone as her agent under a Durable Power of Attorney because that can only be done while someone is competent. I suggest that you contact a lawyer and discuss filing with a court to be appointed...

  2. Thursday August 26, 2010

    1. Can we get POA for my mother without her approval?

      Answer - By definition a Durable Power of Attorney occurs when someone chooses to appoint a particular person to be able to act on their behalf in regard to financial matters. If you believe your mother is not acting responsibly in regard to money matters, you should respectfully discuss this with her...

  3. Wednesday August 25, 2010

    1. The trustee will not release the funds to me.

      Answer - The duties and responsibilities of the trustee are as set out in the specific trust document. I urge you to contact a lawyer to review the trust on your behalf to see if the trustee is acting properly in accordance with the terms of the trust. If not, the lawyer could contact the trustee on your behalf to help remedy the situation...

    2. Can I pay his IOUs out of his trust fund?

      Answer - I understand your reluctance to incur expenses which, by the way, can be an expense of the trust and therefore paid from the principal. However, I think it would be a small amount of money well spent for you to sit down with a lawyer and precisely determine what protocols you need to follow in accordance...

    3. If I only need Medicaid for 2 years, do I need to continue spending down my IRA assets?

      Answer - It sounds like you are confusing Medicare with Medicaid. Medicare is an entitlement program of health insurance through the Social Security system. It only covers a hundred days maximum in a nursing home. Medicaid is a joint state-federal program which will pay for the cost of long term care in a...

    4. If my uncle leaves my mom an inheritance, will Medicaid take it?

      Answer - If his Will is not signed, there is no Will to be presented to Probate unless he had a previous Will that is still in effect. If your mother were to be eligible to receive anything from her brother's estate through the laws of intestacy (if he dies without a Will and has no surviving parents, spouse...

  4. Wednesday August 18, 2010

    1. Can my father take control of my grandmother's estate from the bank?

      Answer - The key question here is what does the Will say in regard to the powers of the executor in regard to the management of the assets during the settlement of the estate. The bank may have a legal right or even a duty to act in a conservative manner. The language of the document certainly controls over what people's impression was of your grandmother's wishes...

    2. Does Mom still have first say if I'm the POA for Dad?

      Answer - This is quite complicated and unfortunately no one could begin to give you advice without reviewing the documents themselves and discussing the circumstances under which they were executed.

    3. The law changed - does that mean she's eligible for Medicare now?

      Answer - You should contact an Elder Law attorney as soon as possible because the Medicaid laws do differ significantly from state to state. You refer to "Medicare" in your letter, but it actually is "Medicaid" which is a different program that has the authority in some situations to levy on a home of a Medicaid recipient...

    4. After we inherit a house, are we still responsible for the debts attached to it?

      Answer - You may wish to negotiate on behalf of your grandfather with the credit card holders as to the total amount or the interest. Assuming that the home was put into the trust before your father owed the credit card companies any money, once he passes away, it would be difficult, although not impossible...

  5. Monday August 09, 2010

    1. Is a severe stroke considered terminal with regards to a DNR and living will?

      Answer - The laws pertaining to advance care directives differ significantly from state to state. A stroke is not necessarily considered a terminal illness so the living will may not provide much guidance in this matter. However, if, as you indicate you are your mother's health care surrogate, you should be...

  6. Tuesday July 27, 2010

    1. I think the bank is stealing my grandmother's estate.

      Answer - It appears that your grandmother either named the bank as the executor of her estate or was already the trustee of a trust that existed prior to her death and the terms of which provided for the trust's continuance. You should consult a lawyer to determine precisely the source of the bank's authority...

    2. Will the houses affect their Medicaid eligibility?

      Answer - Medicaid law differs significantly from state to state and the Medicaid law in most states does not cover assisted living costs. I urge you to contact an experienced elder law attorney. You can find one in your area by going to the website of the National Academy of Elder Law Attorneys.

    3. Are his wishes in the will enough to keep the house from probate?

      Answer - If the title to the home is solely in your father's name, the home would be part of his probate estate and pass in accordance with the terms of his Will. Dividing the home into shared ownership between his wife and his children, however is fraught with complications that should be addressed, such as...

    4. Can POA for finances override a decision made by the POA for medical?

      Answer - The authority pursuant to a Durable Powers of Attorney and an Advance Care Directive such as a Durable Power of Attorney for Health Care as it is referred to in some states may difer significantly depending on the precise wording of the documents...

  7. Thursday July 22, 2010

    1. Is setting up an estate really necessary?

      Answer - A Will is meaningless until it has been filed and approved by the Probate Court through the probate process. Regardless of who may have paid the premium, if the policy was a policy of your mother's, the return of premium belongs to her estate and it will be necessary to probate the estate...

  8. Tuesday July 20, 2010

    1. Is Mom's estate responsible for son's credit card, if she was an authorized user but didn't?

      Answer - An authorized user is not responsible for the payment of charges for on the credit card regardless of the source of the charges. The payments are the sole responsiblity of the person or persons who are designated as the account holder or holders.

  9. Thursday July 15, 2010

    1. If my father won't accept any help, am I liable for any injury he may incur?

      Answer - If your father is competent to make his own decisions, there is little that you can do other than to try and convince him that living alone could present unnecessary risks to his safety and well-being. However, if you believe that at his present mental state of, as you describe, early dementia, he is...

  10. Monday July 05, 2010

    1. Can a draft a will be filed and recorded?

      Answer - A Will can be filed in the probate court for safe keeping prior to a person's death, but it is not binding until the person dies. There may be serious questions as to whether the "draft" was executed properly. For instance, someone who is a beneficiary may have acted as a witness which would invalidate the Will...

    2. My aunt is taking the inheritance that should be split. What can we do?

      Answer - I am not quite clear as to what you mean by "my aunt's name has been put on land registry info to inherit the estate." This could mean multiple things from your mother being added as a joint owner of the property to your grandfather establishing a life estate. The precise repercussions depend upon exactly what your grandfather did...

    3. Can I take legal action against my late mother's POA?

      Answer - If you believe that your sister's actions may have actually harmed your mother, you should report this matter to local law enforcement authorities. However, if your sister merely kept your mother out of communication with you and other family members, there is little effective recourse.

  11. Thursday July 01, 2010

    1. My mother can no longer pay off her debts. What do we do?

      Answer - I am assuming that your mother has no assets from which she can pay her credit card debt. It would be helpful to know the amount of the credit card debt, but regardless, you can attempt to negotiate with the credit card company to pay off the debt with a small lump sum if you are able to come up with an amount to do so...

  12. Tuesday June 29, 2010

    1. Can I have a trust revoked?

      Answer - There are different ways to co-own property. From you question, it appears that you and your sister owned the home as tenants in common which means that if one of you died, his or her share would pass to that person's probate estate. If your sister left her share to a trust, the terms of her trust would control the ownership of your sister's half interest...

  13. Wednesday June 23, 2010

    1. Will transferring my mom's home to my name help protect it from additional liens?

      Answer - The first question that arises is were your brother and sister authorized to run up the charges on your mother's credit card? Were they co-signers? If they were not authorized to use the credit cards for their own use, why did you not dispute the charges when you first became aware of them?

  14. Monday June 21, 2010

    1. Can a power of attorney have short term memory loss and still have POA?

      Answer - If your question is asking if the person who is acting as the agent under a Durable Power of Attorney even if they have short term memory loss, you would first look to the document itself to see if it had any limitations on acting as agent...