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Roger, Attorney
Category: Estate Law
Satisfied Customers: 31384
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My sister n law in essence embezzled all of my father in

Customer Question

my sister n law in essence embezzled all of my father in laws retirement and ssc moneys with a poa that did not disclose dementia treatment for over a year. went to the bank and signed him off as trustee on his trust and systematically pilfered all over a year in 2014. we discovered in late 2015 and are suing now. she had his house sold as well but we got a stay and have now obtained guardianship. his home is in revocable trust with wife as third and her sister as second. we need to get him in home after a stroke in may his health has declined and they won't take him unless self pay and a 6000 deposit of which he only gets 1900 a month. we are trying to get him on medicaid but have no resources to keep him for that long of time. his home is in trust. can medicaid take the home, can we get a loan against the house, or get a reverse mortgage to have money to pay to keep him here til medicaid kicks in. we don't know what to do? wI have maxed out all personal credit keeping him here and noone will take him. my wife and I are covering 168 hours a week. i work, she lost her job over this, and we never see our kids. we are looking for anything.
JA: Handling a trust can seem complicated, but getting the right information now can only help. The attorneys we work with have a lot of experience, and I'd like to match you with the one who's the best fit. Have you talked to a lawyer yet?
Customer: we have a lawyer who obtained the guardianship and he his also handling the filing of mishandling funds or whatever you call it. but he isn't an estate lawyer and we are out of funds. I have 6 kids that i support and only bread winner.
JA: Anything else you think the lawyer should know?
Customer: currently sister in law is on the trust and she brings us a check every month for 1950. i am assuming the filing our atty is doing is to get her off trust and seek reimbursement which we know we will never see but we our out of time even a reverse mortgage would take 6 to 7 weeks. my wife needs a major surgery and we keep putting it off cause we have this issue.
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Submitted: 7 months ago.
Category: Estate Law
Expert:  Roger replied 7 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 7 months ago.

If your father applies for Medicaid within 5 years of transferring the house to the trust, Medicaid can contest the transaction and require your father to pay for his care out of his own pocket in an amount equal to the value of his house BEFORE Medicaid will begin paying.