What Can I Do If the Executor of the Will Does Not Follow the Decedent’s Wishes?
What do I do if the executor of the will never contacted the beneficiaries of the will and didn’t follow the decedent’s wishes?
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Ask a QuestionWhat do I do if the executor of the will never contacted the beneficiaries of the will and didn’t follow the decedent’s wishes?
See the AnswerAn elder law attorney suggested the purchase of a vehicle as a way to protect some of my grandma’s assets. While this would be excluded during the Medicaid spend-down, what can we do to prevent the car from being taken by estate recovery after she passes? I was told to do a title transfer from her name to mine after sh...
See the AnswerMy mother passed away after contracting COVID-19 at the nursing home where she was living. We'd been trying for months to get her qualified for Medicaid, but she didn't qualify until after she'd passed away. Medicaid only paid for part of the nursing home charge, as her name was on a joint account with my dad (despite...
See the AnswerMy parents both have dementia and live in a nursing home. We are paying privately and will be out of funds in about two years. My parents have always given cash as Christmas gifts to each child, child's spouse, and grandchildren. Each child and spouse usually gets $100, and each grandchild gets $50. They have seven kid...
See the AnswerMy father-in-law had dementia and had to go into a nursing home after his wife passed away unexpectedly. He owned no property (house, vehicles, or savings, etc.). He applied for Medicaid to pay for the nursing home. As far as we knew, he had no life insurance, but when he passed recently, we found out he did in fact ha...
See the AnswerMy 96-year-old mother was just told by her doctor that she can no longer live by herself and has to move to a nursing home. She has approximately $58,000 in savings and checking accounts. If she is admitted to a nursing home next week, when does she apply for Medicaid? As soon as she is admitted or after she spends dow...
See the AnswerI wanted to set up a trust for Medicaid planning purposes, so that I can prevent the rental income generated from my home from going to a nursing home to pay for my care. But I read that the income from an irrevocable trust will go to the nursing home to compensate for my care. Is there a way to prevent the income from...
See the AnswerMy mother has been in the same nursing home for over a year. I am her agent under a power of attorney and have been handling her finances. In July I noticed that her Social Security has not been deposited in her checking account. I found out that the nursing home had the Social Security sent directly to them. Shouldn't...
See the AnswerMy sister is living in an assisted living facility. What are the notification requirements, if any, when the facility increases in cost or moves a resident into another room? Does my sister have any rights before the changes take place?
See the AnswerAs an agent under a medical power of attorney (POA), do I have the right to see my father’s financials? The agent under the financial POA, who is my brother, has never revealed any financial information even though my dad requested it multiple times. Now my dad is not able to make decisions for himself. My brother has...
See the AnswerFind basic articles that clearly explain essential topics in the field of elder law, like Medicaid, Medicare, estate planning, and Social Security.
Learn More About EldercareWhen looking into local senior home care services and skilled nursing facilities, the astronomical cost of care becomes apparent. If you or your loved one has not set aside financial resources, or purchased long-term care insurance, the next step may be spending down everything you own to qualify for Medicaid.
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Read moreDownload one or more of our in-depth guides on elder law topics.
Get your GuideEvery state's Medicaid program is unique. We have collected the key eligibility rules for all 50 states and the District of Columbia.
Find Medicaid informationThe Centers for Medicare & Medicaid Services (CMS) has released the 2023 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures.
Read moreLong-term care involves not only a loss of personal autonomy; it also comes at a tremendous financial price. Proper planning can help your family prepare for the financial toll and protect assets for future generations.
Read moreIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MOREIn addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.
READ MORETo be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.
READ MORESpouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MORECareful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.
READ MOREIf steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.
READ MOREThere are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREMost states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.
READ MOREApplying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.
READ MOREMedicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREDistinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.
READ MORELearn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.
READ MOREUnderstand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.
READ MOREWe need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MORELearn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
READ MOREUnderstand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.
READ MOREWe explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.
READ MOREFind out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.
READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
READ MOREGet a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.
READ MORELearn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.
READ MOREExplore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.
READ MORE