April 2014

My sister has gotten my mother to give her fiduciary power, even though before her dementia her Will gave it to my cousin.

ADDITIONAL INFORMATION: How do I prove undo influence? I have an unsigned Will only. My sister refuses to speak, nor share documents or Drs. info. Not even between lawyers. I have proof my sister took $10,000 in 3 months; I doubt my mother needed anything. She put lots of money in her own name; and moved it back when I put pressure on. As my sister is Power of Attorney, how do I stop her from

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I have a will but want to provide for my nieces and nephews, do I need to establish separate trusts for each of them?

ADDITIONAL INFORMATION: All of my nieces and nephews are under the age of 18. I want to be sure that they are the direct beneficiaries. I also want to prevent my drug addicted brother from getting any of the funds. ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: You should establish a trust and fund it during your lifetime. Upon your death, the assets will be held or distributed as you have directed in the trust. The trust

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If there is a family trust, does the land in the trust have to be redeeded when 1 member dies?

ADDITIONAL INFORMATION: There is a family trust that holds land (it’s only asset) and 1 of the members died leaving his share to his child. Does the land need to be re-deeded to include the child who is an adult? ATTORNEY ANSWER BY MARGARET L. CROSS-BELIVEAU: The trust owns the real estate. If a Trustee dies, that death is addressed on the deed transferring the real estate out of the trust, whether by a sale to

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Can you write your will on your computer?

Javier Castro was in the hospital and wanted to write a will. Because there was no paper handy, he used a Samsung Galaxy tablet computer and signed the will using the tablet’s stylus. His brothers also signed as witnesses. After Javier’s death, his family printed out the will and submitted it to probate in Ohio. A judge accepted the will, finding that it met the requirements of Ohio law, which are that a will be in

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How life insurance affects your Medicaid eligibility

In order to qualify for Medicaid in most states, you can’t have more than $2,000 in “countable” assets. When calculating their total assets, many people overlook life insurance, which can count as an asset depending on the type of insurance and the value of the policy. Life insurance policies are usually either “term” or “whole life.” Term policies don’t count as an asset – and won’t affect Medicaid eligibility – because they don’t have an accumulated

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IRS increases long-term care insurance deductions for 2014

The amount you can deduct on your taxes as a result of buying long-term care insurance has been increased by the IRS for 2014. If you itemize your deductions, you can generally claim a deduction if your premiums, together with your other unreimbursed medical expenses, amount to more than 10% of your adjusted gross income (or 7.5% if you’re 65 or older). The maximum amount of the premiums you can deduct each year depends on your

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Here’s a new idea for buying long-term care insurance

Many middle-income people have too much money to qualify for Medicaid, but can’t afford a pricey long-term care insurance policy. In an effort to encourage more people to buy long-term care insurance, Congress created something called the “Qualified State Long-Term Care Partnership” program. In states that offer the program, you can buy special long-term care policies that allow you to protect your assets and still qualify for Medicaid when the long-term care policy runs out. Here’s

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Surviving spouses may get help with reverse mortgages

A federal court has thrown a life preserver to some surviving spouses who are facing foreclosure due to an “underwater” reverse mortgage. In a traditional mortgage, you borrow money against your house and pay it back in monthly installments over time. With a reverse mortgage, you borrow money against your house, but you don’t have to pay it back until you die, sell the house, or move – which means you don’t owe anything as long

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How divorce and remarriage affect Social Security benefits

Many people are aware that seniors are entitled to collect Social Security benefits that are calculated based on their spouse’s work record. What’s less well-known is that this benefit applies in many cases to divorced spouses. In fact, ex-spouses may even be entitled to survivors benefits in certain circumstances. As a spouse, you have the option of (1) claiming a Social Security retirement benefit based on your own earnings record, or (2) collecting a spousal benefit

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If person holding power of attorney adds name to parent’s bank account and parent goes to nursing home, is person liable to pay?

ADDITIONAL INFORMATION: Parent is hospitalized in one state and unable to function clearly. Person with power of attorney lives in another state. Person with power of attorney has not set up bill pay with bank because parent previously was able to write checks. Person is considering placing his name (or a sibling’s) name on bank account in order to gain access to pay bills. If parent needs to go to nursing home, will the nursing home

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