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Elder Law Questions & Answers
0 Answers | Asked in Landlord - Tenant, Securities Law, Elder Law and Small Claims for Florida on
Q: Can the Landlord change his mind after we both signed the lease and he except the security deposit rent to someone else

Not two weeks ago we both signed the lease took it to section 8 they say 14 business days for you inspection now the landlord said he want to rent to someone else I'm a disabled senior with medical conditions this is no acceptable to be treated like this

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Is their common law marriage or cohabitation rights in Michigan?

My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More

Douglas E. Kuthy
Douglas E. Kuthy
answered on Mar 27, 2024

There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More

2 Answers | Asked in Estate Planning, Elder Law and Intellectual Property for California on
Q: CA is a will needed? What will happen without a will? no family, artist, writer.

Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More

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1 Answer | Asked in Landlord - Tenant, Real Estate Law and Elder Law for California on
Q: Can a tenant be asked to move after a property sale because owners moved to assisted living?

There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More

0 Answers | Asked in Estate Planning and Elder Law for New Mexico on
Q: Is there a POA that only takes effect if a person is incompetent here in New Mexico?

My father has dementia and is getting worse by the day now. However he has good days when he is totally present mentally and bad days when he not in his right mind unable to understand simple things or even remember simple steps of daily activities, forgetting what things are ect. I am the person... View More

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My cousin is in a nursing home with dementia. Taxes are due on his FL home. can a family pay the taxes b4 tax lien issue

Can I submit an invoice to be reimbursed upon the sale of the home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

Yes, you can pay the taxes. You should also look into whether the home is exempt.

But someone should be responsible for his financial affairs; that person should take care of the tax payments.

0 Answers | Asked in Elder Law for Virginia on
Q: What are our options for disqualifying a life insurance policy intended for funeral expenses as an asset?

We are applying for medicaid for my 89-year-old mother. She has just entered a nursing facility, possibly permanently. The only asset she has disqualifying her is a life insurance policy intended for funeral expenses. Is there an option to remove it as an asset without cashing out and pre-paying?... View More

3 Answers | Asked in Elder Law, Health Care Law and Personal Injury for California on
Q: Hospital negligence and elder abuse

I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2024

You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.

But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion...
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2 Answers | Asked in Banking, Elder Law and Estate Planning for Georgia on
Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

Nina Whitehurst
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answered on Mar 21, 2024

If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More

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0 Answers | Asked in Estate Planning and Elder Law for New Mexico on
Q: My father was leaving me his truck but totalled it in an accident. However a settlement was provided to him but my

brother will not let him purchase another vehicle so now I am getting nothing what can I do about this if his will says I am to get his truck but the truck is gone?

0 Answers | Asked in Estate Planning, Family Law, Civil Litigation and Elder Law for Georgia on
Q: Forged POA - forged signature of principal, fatally flawed notarization, brother is perp,stealing from incapacitated dad

brother whose attorney is using a fraudulent POA forged to steal and do as he likes for himself and isolated incapacitated father who had stroke and after the stroke is when this POA was created to appt him as agent backdated, the doc date he was not an attorney then, now he is, he forged... View More

0 Answers | Asked in Elder Law for Illinois on
Q: I am a Senior Ciitizen (76) being skammed by a solar panel company (Sun Power). What can I do?

In 2024 a salesman had me sign my name and initials to a tablet. I have no document to show for this transaction and I am unable to dislodge this company out of my life and the company refuses to remove solar panels off my house roof. This company according to the Internet is likely to go... View More

1 Answer | Asked in Elder Law, Estate Planning and Banking on
Q: Estate.I have had people tell me that my sister n law took 20 k from my Mom acct when she was still alive.elder abuse?

Witnesses...and my Brother told me 5000. To read will talked to my moms lawyer ,he no longer has the estate they moved to another lawyer.

James L. Arrasmith
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answered on Mar 20, 2024

If someone took $20,000 from your mother's account without her consent, especially if she was vulnerable, this could indeed be considered elder abuse, which is a serious issue. It's important to collect all evidence, such as witness statements and financial records, and keep detailed... View More

2 Answers | Asked in Landlord - Tenant, Personal Injury and Elder Law for California on
Q: Section 8 housing Choice voucher is denying port-in CT,. from CA. With medical need, need to see drs, and return home

while "port-in" is allowed, and voucher can be used "anywhere" how can I get around denial of "port-in" I am senior, and homeless, disabled, injured. I have right to return to town where I am from, and need drs there.

How to have housing in place upon moving... View More

James L. Arrasmith
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answered on Mar 19, 2024

In situations like yours, seeking legal assistance is crucial, particularly from an attorney experienced in housing law, specifically those dealing with Section 8 or housing vouchers. In California, you might want to reach out to organizations like the California Rural Legal Assistance or the... View More

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0 Answers | Asked in Elder Law and Family Law for Florida on
Q: A relative has taken the power of attorney duties over a Inlaw. Can they use money on the in-laws bank for personal use

A cousin of my wife’s took over the power of attorney on my wife’s mother she apparently has been using money out of her mothers bank account for personal use. Is this legal or does she have to repay the money?

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

Jamy Barreau
Jamy Barreau
answered on Mar 29, 2024

I think more information is needed to give a proper response here. How assets are titled is very important in trust planning. If assets are not appropriately titled in the name of the trust, it could lead the trust to not having authority over the particular asset. I would suggest meeting with an... View More

1 Answer | Asked in Family Law, Elder Law and Probate for California on
Q: What can we do

Two weeks ago Grandmother was diagnosed with cancer when being released from the hospital her daughter came and got her moved her into her house and took her phone not allowing anyone to visit or call her my mother who is her other daughter was the one listed on her bank.accounts and insurances as... View More

James L. Arrasmith
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answered on Mar 16, 2024

In California, if you're facing a situation where a family member is being isolated by another family member, there are steps you can take. First, it's important to communicate your concerns directly to the family member who is restricting access, if possible. Clearly express your desire... View More

1 Answer | Asked in Elder Law for Michigan on
Q: Incapacitated ward, didn't receive or hear about petition for guardianship, didn't get to go either, denied due process.

Petition to terminate? Reconsideration? I had no lawyer either.. judge biass too

Brent T. Geers
Brent T. Geers
answered on Mar 16, 2024

Are you the ward? If so, you should have heard from someone called a guardian at litem to advise you of your rights and options.

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