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Medicaid Recertification: Why Legal Guidance Matters
Having an experienced elder law attorney overseeing the Medicaid application and recertification processes can better one鈥檚 chance of achieving and maintaining Medicaid eligibility.聽
My spouse recently passed away and I just learned that he disinherited me in his Will. What rights do I have?
My mother is getting older and I am nervous I will not know how to make the right medical decisions for her if the situation arises. What can we do to prepare in case that happens?
If my mom signed the Power of Attorney provided by the bank, does she need to sign any other Power of Attorney?
My father recently passed away. He owes more than he has in assets. As his surviving child, am I responsible for his debt?
I am the Executor of my mother鈥檚 estate. I have collected the assets, paid her expenses, and am ready to close the estate. Can you advise me on how to proceed?
In Terrorem is a term derived from Latin which translates to 鈥渋n fear.鈥 An In Terrorem provision in a decedent鈥檚 Last Will and Testament 鈥渢hreatens鈥 that if a beneficiary challenges the Will then the challenging beneficiary will be disinherited (or given a specified dollar amount) instead of inheriting the full gift provided for in the Will.
What exactly is 鈥減robate鈥 and why would you want to avoid it? Probate is the legal process whereby a last will & testament is determined by the Court to be authentic and valid.
A designated beneficiary on a Transfer on Death (TOD) account has only an expectancy interest in the account and cannot use the funds in the account until the death of the account holder. With no present interest the designated beneficiary cannot withdraw funds for his or her personal use during the account holder鈥檚 lifetime.
The Executor of an Estate is the individual named by the Decedent in his or her Last Will and Testament to act on behalf of the Estate. The Executor is entrusted with the responsibility of making sure the Decedent鈥檚 last wishes are carried out with regard to the disposition of the Decedent鈥檚 property, assets and possessions.
It is not unusual for a client to contact me and ask to review their estate plan. This may be precipitated by a recent diagnosis or simply by the passage of time. I have a checklist that I use when reviewing an estate plan if they have a taxable estate.
