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P. Simmons
P. Simmons, Attorney
Category: Estate Law
Satisfied Customers: 33803
Experience:  12+ yrs. of experience including estate law.
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My mother is due to inherit from her brother in January.

Customer Question

My mother is due to inherit from her brother in January. She, however, is living in a nursing home which is paid by medicare/medicaid. My uncle's will was written to divide his estate equally among his 5 siblings, and in the event the siblings passed before him, their share would pass to their children.
That's where the questions come in. 1)We've been told with durable POA we can waive the inheritance going to my mom and it pass directly to her children. 2) Do we have to immediately divide it, or could we create a family trust fund and pay out to each child on an as needed or monthly basis, as well as have funds when needed for my mother. In doing this, would we avoid causing issues for 2 of the children that are on VA pensions and benefits?
Submitted: 1 year ago.
Category: Estate Law
Expert:  P. Simmons replied 1 year ago.

My name is***** have over 16 years experience in the law. Should you like to chat on the phone I am happy to for a nominal cost. Let me know at any time during our question and answer session if you are interested I am happy to give you more details.

Let me address your questions in order. And I will send a phone offer...if you accept we can chat on the phone for $5 additional

1)We've been told with durable POA we can waive the inheritance going to my mom and it pass directly to her children.

This depends on the POA...there are different types of "powers of attorney"...but if the POA you have provides you this power? You can exercise the power.

2) Do we have to immediately divide it, or could we create a family trust fund and pay out to each child on an as needed or monthly basis, as well as have funds when needed for my mother. In doing this, would we avoid causing issues for 2 of the children that are on VA pensions and benefits?

This is am unclear...are you saying if you can NOT use the POA to waive the gift?

Customer: replied 1 year ago.
Regarding second part of question, it is if we could use the POA to waive the gift....
Expert:  P. Simmons replied 1 year ago.

Sorry...so you are saying if you can waive the gift (and with the POA you may be able to)...you want to be able to use that money? SInce if she waives she would get none of the money?

Or are you asking IF she can not waive, and has to take the money, can she give it away?

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