Questions & Answers

MassHealth estate recovery and probate litigation

ADDITIONAL INFORMATION: How much time does Masshealth have to make such a claim? Is there a time limit? Also, it is my understanding that they can only take whatever the decedent owned at the time of death. I assume then, any insurance proceedings and lawsuits proceedings post death are not available to Masshealth right? ATTORNEY ANSWER BY MARGARET L. CROSS: The normal creditor period in Massachusetts is a year from the date of death. However, MassHealth’s

My grandmother would like to change her power of attorney. How can she do so?

ADDITIONAL INFORMATION: My grandmother currently has a family friend designated as her POA. She would now like me to be her POA. How can we make this change? ATTORNEY ANSWER BY MARGARET L. CROSS: All she has to do is execute a new power of attorney and notify the old agent that the old power of attorney was revoked. This is easily done through an attorney. The attorney will need to meet with your grandmother alone

In MA, if Medicaid paid for a deceased hospitalization, do the heirs have to wait until the Estate Recovery fund is paid back?

ADDITIONAL INFORMATION: In MA, if Medicaid paid for a deceased hospitalization which is now in probate, does the administrator/heirs have to wait until the Estate Recovery fund is paid back before collecting any inheritances? ATTORNEY ANSWER BY MARGARET L. CROSS: MassHealth is a creditor of the estate. MassHealth is notified when the probate documents are filed with the probate court and has by statute a right to submit a claim on the estate. Once the claim

Do I inherit my estranged spouse’s estate if no other survivors?

ADDITIONAL INFORMATION: Husband and I have been separated for a couple of years. We have no kids. Husband has now passed away and he has no living heirs or other living relatives. He did not have a will. We had a very amicable separation but we had no property settlement agreement. What is the law in Mass regarding inheritance of a separated spouse? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Massachusetts law, until the divorce decree

Pending personal injury settlement needs to be put in special needs trust for disabled senior – what is best way to handle this?

ADDITIONAL INFORMATION: Elderly mom will be receiving personal injury award. Expected to be $100K – $200K after lawyers & others are paid. Since mom is on Medicare & Medicaid, she’ll need a special needs trust to ensure that she isn’t disqualified from these government programs. Questions: 1) Since Medicare/Medicaid are means-driven programs, the recipient can’t have more than $2000 in assets. Does that mean the max she can withdraw from the trust is $2000?

How do I get a copy of my deceased mother’s will? Does a trust take prejudice over a will ?

ADDITIONAL INFORMATION: I’m an heir in the will as well as the trust. I’ve never received a copy of the will (from the executors) nor the trust ( from the trustees) ATTORNEY ANSWER BY MARGARET L. CROSS: A will and a trust work hand in hand. They do not cancel each other out. A will may establish a testamentary trust or it may fund a trust which your mother created during her lifetime. Have your requested

I co-signed for my son when he bought a home.

I may possibly need a group of several attorneys?

If I give a durable power of attorney with full authority can I still give a will to somebody else or do I give up that

ADDITIONAL INFORMATION: I gave full poa to my friend 5 years ago and gave a will to my sister a few months ago. is that will valid. ATTORNEY ANSWER BY MARGARET L. CROSS: A durable power of attorney is a document in which you give another the right to make financial

What actions can be taken?

ADDITIONAL INFORMATION: Our father died 7 years ago. Left the house to my brother and i. My brother lives in our father’s house and owes me foe half of what it is worth. He promised to pay 3 years ago but nothing has been received. ATTORNEY ANSWER BY MARGARET L. CROSS: As a joint owner, both you and your brother have full rights to use and occupy the home. Your issue is not an estate administration

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