Estate Law

Estate Law Questions? Ask an Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Estate Law

My grandma passed away last year and left an inheritance to

Customer Question
my mom, my uncle, my...
My grandma passed away last year and left an inheritance to my mom, my uncle, my aunt, and then some to all 5 of her grandkids. We just received the payout from my grandma's trust. My mom is now very ill with cancer and cannot manage her own affairs. She received a $79,000 check from the inheritance but cannot cash it as she is currently in the hospital on morphine to manage her pain. She is on medi-cal and also had a supplementary insurance that paid the premiums and the 20% that medi-cal did not cover. Unfortunately, her supplementary insurance was cancelled last year, and now she only has medi-cal. She has many medical bills this last year. She is also on low income. My moms fear is that if she passes, medi-cal will come after her estate for the back pay of the premiums that she owes. My sister and I are agents of a power of attorney for my mom. Can my sister and I cash her $79,000 check to keep it out of the bank and out of her estate if she passes? If we cash the check on my mom's behalf, and make cashiers checks to us, can medi-cal come after my sister and I even if the money never touches my moms account?
Submitted: 1 year ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 9 minutes by:
10/13/2016
Estate Lawyer: Barrister, Attorney replied 1 year ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,490
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

Can my sister and I cash her $79,000 check to keep it out of the bank and out of her estate if she passes?

.

From a purely legal perspective, no. Once she receives that money from grandmother's estate she is supposed to report that to Medi-Cal who would then require her to spend down that money on her own care before they would then kick back in to continue making payments for any benefits.

.

From a practical perspective, if the money never hits mother's accounts, then the only record of it would be from the estate records in court. So for example if it was endorsed and deposited into your account as her POA, and then the money went somewhere else, it is very unlikely that Medi-Cal would ever find out about it..

.

Obviously I can't suggest doing this, but looking at it from a realistic perspective, it is something that could end up with them not getting the money.

.

.

thanks

Barrister

Ask Your Own Estate Law Question
Customer reply replied 1 year ago
That's what we needed. Thank you.
Estate Lawyer: Barrister, Attorney replied 1 year ago

You are very welcome. Happy to help any time.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

Ask Your Own Estate Law Question
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 39,490
39,490 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

39,490 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,126 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,032 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,841 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,454 satisfied customers

Experienced in multiple areas of the law.

ScottyMacEsq

ScottyMacEsq

Attorney

1,167 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Estate Law Questions
What true? Can I be a POA for my uncle concerning his life
hi What true? Can I be a POA for my uncle concerning his life insurance policy. He took out on his brother. Someone said he can represent or attorney can represent him.Since I'm not attorney I can't d… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I'm a POA for elderly mother-in-law. She has CDs that hold
I'm a POA for elderly mother-in-law. She has CDs that hold all 3 daughters as co-POD. Her will directs that all things be divided equally. However, it seems to me that if a daughter predeceases her th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
My father-in-law died yesterday in Indiana. A POA was named
My father-in-law died yesterday in Indiana. A POA was named in 2014 (cousin). How do we find out the current Executor. How is Probate initiated. Thank you.… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My sister has POA over my ederly Father with dementia and
My sister has POA over my ederly Father with dementia and she is abusing her power. She has had POA for about a year and he had an accident recently forcing him into a assisted living. She told me all… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Myself and my brother are POA OVER MY Mom ( Dad passed
Myself and my brother are POA OVER MY Mom ( Dad passed 2months ago) there checking acct shows POD to my brother and I. The rest of parents assets are in a trust which we are POA over also. Does the mo… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
5,032 satisfied customers
New Jersey: As the first alternate to Executor and POA is
New Jersey: As the first alternate to Executor and POA is there LAW that describes the alternate to be kept informed and a responsibility to act if it appears the Executor is failing to perform due to… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
After my Father died, my sister (POA) over our father, asked
After my Father died, my sister (POA) over our father, asked for a copy of my signature for dad's cremation. I sent a copy. Later I received no insurance or other death benefits? Did she misuse my sig… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I delegated a family member POA to manage a Real Estate in
I delegated a family member POA to manage a Real Estate in 2016. I need to revoke his authority but he will not receive the revocation paper. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I was POA for my mother in 2010 when her house had to be
I was POA for my mother in 2010 when her house had to be sold to pay nursing home expenses. The house was sold at auction August 2010. Now 7 1/2 years later the daughter of the buyer (now deceased) is… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,126 satisfied customers
My older sister was POA for my father from October 2013
my older sister was POA for my father from October 2013 until his death in June, 2015. I am listed as co-executor of my father's will. … read more
Barrister
Barrister
Attorney
39,490 satisfied customers
I am a beneficiary of real estate property in an estate by a
Hello, I am a beneficiary of real estate property in an estate by a man that is now incapacitated. His power of attorney is the only other beneficiary for the estate. He will receive everything except… read more
Barrister
Barrister
Attorney
39,490 satisfied customers
My sister has Durable POA for my 90 year old mother who has
My sister has Durable POA for my 90 year old mother who has dementia. My mother gave her POA in 2003. My father is deceased. Both my parents wills have a testamentary trust wherein they mention all th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
35,290 satisfied customers
My daughter lives in Co. and is my POA. My son lives in
My daughter lives in Co. and is my POA. My son lives in Novato near me and is durable POA. My son is a successor to my POA. What if I can't manage my trust. My son is an accountant and more qualified.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Make question private...Is it legal to be a poa for close
Please make question private...Is it legal to be a poa for close relative when you live outside the usa in a different country? Also another relative who lives in usa but not in Pa. Where the elderley… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have Irrevocable Durable POA and am the Trustee of my
Have Irrevocable Durable POA and am the Trustee of my Brothers Trust. He told me he changed beneficiaries on his life insurance but he didn't, we found out after my brother passed. Question is: Do I h… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
453 satisfied customers
I was the POA now Executor of her estate my sister is asking
I was the POA now Executor of her estate my sister is asking me for a copy of her death certificate however my mom never authorized the policy by signing isn't hid fraud?? … read more
Barrister
Barrister
Attorney
39,490 satisfied customers
I'm the POA for my mother, who's in an assisted living
I'm the POA for my mother, who's in an assisted living facility with dementia. I'd like to purchase a condo as an investment property using her funds, since her expenses are now higher than her income… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
As durable poa, and executor of an Individual's Will, do the
as durable poa, and executor of an Individual's Will, do the poa have the right to review any codicil to the Individual's Will? … read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x