Understanding how assets are distributed in a will
When creating an estate plan, the main decision is how your assets will be distributed after you pass away. The terms “per stirpes” and “per capita” become important when your descendants include children and grandchildren. In a will, these terms are often written as “I leave my [fill in the blank] to my descendants, per […]
Important to know how Medicaid could treat your home
Nursing home residents do not automatically have to sell their homes in order to qualify for Medicaid, but that doesn’t mean the house is completely protected. The state will likely put a lien on the house while the resident is living and attempt to recover the property after the resident has passed away. Medicaid (known […]
Big changes come to retirement plans
The Setting Every Community Up for Retirement Enhancement (SECURE) Act changes the law surrounding retirement plans in several important ways: Stretch IRAS. The biggest change eliminates “stretch” IRAs. Under the previous law, if you named anyone other than a spouse as the beneficiary of your IRA, 401(k) or other tax-favored retirement plan, the beneficiary could […]
Can a lawyer in Georgia assist me with a partition case for a home/property located in Florida?
ADDITIONAL INFORMATION: I am 68. I built a home in Fl. in 2005 where I intended to reside with my son & his wife for the remainder of my life. Shortly after the home was completed, the relationship between myself & my daughter-in-law devolved into an untenable situation. I reluctantly moved out of the home […]
Me and my dad were caregivers to my sick grandmother and she passed.
ADDITIONAL INFORMATION: Me and my dad gave care and lived in this home for many years, she was the landlord and owned everything. She has now passed and the family wants to evict us to claim their part of the will. We are all related. We are paying the bills just fine with no problems […]
How to obtain power of attorney on a person hospital has marked incompetent.
ADDITIONAL INFORMATION: Father in-law has just been deemed in competent by the veterans hospital but has no power of attorney over his asset. His wife was able to give power of attorney on his medical aspect but it was stated that she is unable to give power of attorney over his bank accounts and other […]
10 Questions To Help You Create Your Will
Creating a will not at the top of your to-do-list? Maybe it should be! Creating an estate plan is one way to ensure your family is taken care of, and your wishes are carried out in the future. Having a will isn’t just for the uber-rich or elderly. In fact, everyone should have a will […]
Can I get sued for moving out of my guardians house after being under guardianship for 18 years?
ADDITIONAL INFORMATION: When I was 18 months old I was put under my grandparents care under guardianship and now that I am 18 some drama happened and my grandmother told me I have to live with my unfit mother or Oma, and my grandmother says she will take me to court if I try to […]
How can I get medical updates on my mom in hospital when my sister has power of attorney and will not give me the pin code
ADDITIONAL INFORMATION: Sister and I are fighting. Mom lives in Florida. Mom admitted to hospital and is incapacitated. Sister has power of attorney and will not give me the pin code required by hospital to get information about Moms condition. What can I do? ANSWER BY MARGARET CROSS-BELIVEAU: A DPA covers only financial decisions. A […]
How do we legally change a Power of Attorney and Health Care Proxy?
ADDITIONAL INFORMATION: We want to designate a different person to execute our money and carry out our health wishes. ANSWER BY MARGARET CROSS-BELIVEAU: You will need to execute a new Durable Power of Attorney and a new Health Care Proxy. You will also need to notify in writing the person whom you replaced that he/she […]
