Can an Executor and Trustee Sell Property Without Getting the Beneficiary’s Approval? My brother is executor of our parents’ estates. Both parents are now deceased. The trust provides that all assets in the trust are to be divided equally. Can he sell property and put the value of the property in the estate pool without my signature or approval? See the Answer

Can a Nursing Home Require Us to Obtain Guardianship of Our Mother? My mother recently went from the hospital to the nursing home for long-term care. She does not have a power of attorney, and we do not have guardianship over her. The nursing home wants one of her children to become her guardian because she won’t sign the admission papers. None of us wants that responsibility. I’m on b... See the Answer

Father Executed Two Powers of Attorney. Which One Is Valid? My father-in-law named son #1 his agent under a power of attorney while he was living with that son. Now he lives with son #2 and he named son #2 as agent under a second power of attorney. Which of the two powers of attorney is valid? See the Answer

My Mother Is Moving to California and Wants to Put Her New Jersey House in a Trust. Does She Need a New Jersey Attorney? My mother has a home in New Jersey, but she is moving to California to live with family. Can she create a trust in California that includes her house in New Jersey or does she have to use an attorney in New Jersey? See the Answer

Can I Count the Money My Parents Pay Me for Acting as My Mother’s Caregiver as a Gift? I am an informal caregiver for my mom. Since my dad writes me a check from their joint account, can I count the first $30,000 ($15,000 per parent) received as a gift instead of W2 income? In addition, my mom will be reimbursed through long-term care insurance for the money I receive from my parents. See the Answer

How Do I Protect My Right to Continue Living in My Son and Daughter-in-Law’s House if Something Were to Happen to My Son? My son and daughter-in-law bought a house with a “granny flat” attached. I gifted them the money for the down payment and in return I can live in the granny flat until my passing. My daughter-in-law and I do not always get along. How can I protect my right to live on the property should anything happen to my son? See the Answer

Can We Bring a Hospitalized Family Member Home Rather than Admit Her to a Nursing Home As the Hospital Wants to Do? My sister was transferred to a hospital from a nursing home, and then subsequently involuntarily discharged. The nursing home refused to readmit her, and now the hospital wants to discharge her to a new local nursing home, in the midst of the COVID-19 pandemic. Our family wants to bring my sister home with necessary ho... See the Answer

Can I Transfer My Interest in a House My Parents Own a Life Estate in Without Affecting Their Medicaid? My parents have a life estate in a home that they gifted to me six years ago. I want to transfer the home to my brother. My parents own a dog that has been deemed dangerous, and I don't want the liability of owning the home. If we transfer the house, will the Medicaid look-back include this change? See the Answer

What Happens When a Beneficiary Designation Differs from What Is Stated in the Will? I have a brother and half-brother who are both beneficiaries of my parents’ estate along with me. My parents’ will stated that certain investment accounts were to be divided into thirds and certain accounts were to be divided in half, depending on how or when they were acquired. In researching their investments, howeve... See the Answer

What Is in a Typical Elder Law Attorney Agreement? Can you recommend a source for a typical agreement with an elder law attorney? We realize every agreement is unique, but we would like to compare our attorney's proposed language. We are particularly interested in deliverables and reasonable percent of fees to be paid in advance. See the Answer