June 2011

Amendment to conform cafeteria plans deadline is June 30, 2011

The Patient Protection and Affordable Care Act (PPACA) redefined “medical expenses” for cafeteria plans so that an expense incurred for an over the counter medicine or drug is a reimbursable medical expense only if the medicine or drug is a prescribed drug or insulin.  The PPACA became effective after December 31, 2010.  Any amendment to conform a cafeteria plan to the PPACA requirements that are adopted no later than June 30, 2011 may be made retroactive

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Can an agent with POA remove funds in an IRA account willed to a relative?

Additional Information: My great grandmother had Alzheimer’s for several years, but was of sound mind when she made her will. She gave POA to a family member. Her physical health began failing two months ago and she passed away last month. Today I received a letter informing me that, in her will, she had left me a considerable sum in an IRA account. It also informed me that the relative with the POA had cleaned out

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What happens to the estate when there was no will (it was torn up per the widow)? Is there a way to find out what can be done?

Additional Information: According to the widow a will did exist but was torn up & a new will was never done prior to the husbands death.  Isn’t is a law that you have to record or register a will in your county seat?   I have been told that before.  The widow is withholding information from the children he had from a prior marriage. She claims everything is hers ..is that true? ATTORNEY ANSWER: There is

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How can you get a letter of testamentary or similar document when there is no probate?

Additional Information: My mom and sister died within two days of each other. I am my mom’s representative and her will states that my sister or her estate was to receive a portion of her assets. My sister’s husband (the trustee) is willing to disclaim any proceeds but the insurance company wants a letter of testamentary to validate his right to do so. Since my sister’s estate was not probated what do I do now. My

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How long can a bank hold assets after a person dies?

Additional Information: Father died 1 year ago, will and small estate affidavit filed at that time.  Bank holds an equity line of credit on home,$70,000.  Estate worth less than $100,000.  Bank demands letter of office, obtained from probate.  Funds to pay for filing of probate by lawyer are in the bank ,we can not access the funds.  We can’t pay until we have access, we can’t access until we probate.  Catch 22,

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Property received as inheritance to be used as a single family home rental and consequences on work disability income claim?

Additional Information: I am receiving approximately $200,000 in inheritance with approx $100,000 in a personal residence. I would like to keep property as a rental income to help with my living expenses. Due to multiple sclerosis I have been on work disability for 15 years and need the disability income to live. How do I position my inheritance so that I do not put my disability income at risk? Is there some sort of trust that

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Trustee issues

Additional Information: We have my mother’s trust accounting & in the accounting there is major amount of money that can not be accounted for & he can not provide the proof of were the money went & for what it went for. Also 2 of her life insurance policies can not be accounted for either. We know they were pd to the trust because the insurance companies told us. But just like the money it just

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June 10, 2011 MassHealth Medicaid Bed Hold Hearing & June 15, 2011 Written Testimony Deadline

MassHealth (Medicaid) is holding a public hearing on Friday, June 10, 2011 at 10:00AM to discuss the  termination of the 10-Day Bed Hold which will become effective July 8, 2011. For further details: click here Hearing Location: China Trade Building; Daly Conference Room, 5th Floor; Two Boylston Street; Boston, MA 1) Get signatures in support of reinstating the Bed Hold (for signature form click 2011 Bed Hold Signature Sheet). Ask residents, friends, family, colleagues – anyone

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HOW DO I FIND OUT IF SOMEONE HAD TWO WILLS BUT ONLY HAD ONE GIVEN TO THE COURT?

Additional Information: I BELIEVE A FAMILY MEMBER HAD TWO WILLS AND I WAS IN ONE OF THEM, BUT THE ONE I WAS IN WAS NOT GIVEN TO THE COURTS AND EVERYTHING WAS LEFT TO THE OTHER PERSON. ATTORNEY ANSWER: The Last Will and Testament which was submitted to the Probate Court must be the last Will which was executed by the Testator. All prior Wills are revoked upon the signing of a new Will.  If you

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