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Elder Law Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Do i have to respond to a discovery request while im in the middle of switching lawyers
Mark Oakley
Mark Oakley answered on May 17, 2022

The procedural rules do not have an exception in their time deadlines for switching lawyers. Written discovery responses are due 30 days after service of them upon you. That said, the discovery deadlines in most cases in circuit court can encompass a 4-6 month range, and it is common for parties... Read more »

2 Answers | Asked in Estate Planning and Elder Law for New Jersey on
Q: What is the benefits or disadvantages of will compared to a trust

My mom is 90 years old and she has a will. I keep on telling her I think she should get a trust, I think it’s called a living trust. She has six children and everything is to be divided equally. Is a will sufficient

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on May 16, 2022

The honest answer is that a good Will is all the most people need. Why? A properly drafted living trust generally costs several times what a Will generally costs upfront and over your lifetime. Thus, the reason you will see most poor and middle class people use Wills and many of the Rich will... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Can a sibling sign herself up for POA over a parent who has dementia without informing her other siblings?
Kenneth V Zichi
Kenneth V Zichi answered on May 12, 2022

No -- and there are several issues rattling around in your question that SCREAMS your family need to get real advice from a local estate planning attorney.

If someone lacks 'testamentary capacity' because of dementia or any other illness, they cannot create estate planning...
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1 Answer | Asked in Criminal Law, Elder Law and Family Law for Alabama on
Q: What type of lawyer do I need to prove a relative is abusing an elderly relative in another state?

I have some proof that a relative did abuse an elderly relative before her death and is currently committing fraud with her bank account after her decease. This relative is pretending my dead relative is still alive to collect money. This person is also committing fraud with another living... Read more »

Bettie Carmack
Bettie Carmack answered on May 8, 2022

You can report financial fraud to the police, the district attorney's office and, in some cases the US Attorney's office. Most states also have an "elder abuse" hotline to report crimes against the elderly.

1 Answer | Asked in Elder Law for Florida on
Q: Is a spouse responsible for a deceased person's debts? what is the Florida statue?
Phillip William Gunthert
Phillip William Gunthert answered on May 6, 2022

Generally, No, not unless they signed and agreed to be responsible. The estate may be responsible in a probate. I would encourage the spouse to speak with a Florida Probate Attorney.

1 Answer | Asked in Family Law and Elder Law for Texas on
Q: I have a old friend who is depressed by life and is not taking acre of herself. I live in anoher state but am visiting.

She is ill and will not go to the doctor. She c an hardly walk and is taking too may pain and sleeping meds. She lives alone.

Her family thinks she is mentall ill and they don't get along. One child is in 2 hours away the other on the west coast. II have no legal relationship but... Read more »

Penny Wymyczak-White
Penny Wymyczak-White answered on May 6, 2022

The lawyer can only talk to you if she gives you permission. Try to get your friend to let you go to the doctors with her and discuss her issues

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Q: How can I get my father’s home in PR in my name?

In 2010 , my father built a house in PR. He had a stroke in Oct 2021 which left him unable to stand or talk. He lives with me in NY and I have a POA for him. He needs to apply for Medicaid quickly so he can get full time home care but hasn’t because we are trying to protect the house. I didn’t... Read more »

Elaine Shay
Elaine Shay answered on May 6, 2022

New York has a 60-month Medicaid Look-Back Period for Institutional (nursing home) Medicaid that immediately precedes one's Medicaid application date. During this period, Medicaid checks all past asset transfers to ensure no assets were gifted or sold under fair market value. However,... Read more »

1 Answer | Asked in Legal Malpractice, Estate Planning and Elder Law for New York on
Q: Can a lawyer be held accountable for NOT providing legal service to his client?

Elderly client moved in with daughter who had coerced her to change her will and make her power of attorney. Elderly client asked lawyer to revise will without involving this daughter. She told him she was in fear of daughter, her finding out and taking it out on her because she found out... Read more »

Tim Akpinar
Tim Akpinar answered on May 5, 2022

If an attorney was simply approached out of the blue, the general rule is that the attorney is free to accept or decline a matter. Same goes for the prospective client, who is free to retain or not retain an attorney. There are instances where an attorney may not easily withdraw, such as in an... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Can a hospice patient sign a car title?

My stepmother signed a car title and gave the car away while in hospice car?

The person was not someone in her will.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 5, 2022

It depends on whether she was mentally competent.

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Q: Have a question about my elderly mother

She was living with my sister and my sister was a domestic violence victim,he is in jail. She,my mom, has dementia,but if am the guardian of my mom can I tell elderly serviceI want my mom with my sister?

Lillian J. LaRosa
Lillian J. LaRosa answered on May 2, 2022

A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed... Read more »

1 Answer | Asked in Elder Law and Probate for Puerto Rico on
Q: Is Uniform Interstate Depositions and Discovery Act (“UIDDA”), effective in Puerto Rico? Can it be used to depo someone?

If person lives in PR but case is in Florida can they be deposed?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Apr 29, 2022

Uniform acts such as UIDDA are not self executing. As a rule, a state's legislature must adopt the act by way of local legislation. That being said, depositions from a Florida state civil case can be taken on residents in Puerto Rico. However the deposition must follow the Puerto Rico Rules of... Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Washington on
Q: My Grandma has been living in assisted living. She fell and broke ribs and no one took her to the hospital for 5 days

My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be... Read more »

Michael Brevda
Michael Brevda answered on Apr 29, 2022

I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part.... Read more »

1 Answer | Asked in Divorce, Real Estate Law and Elder Law for Florida on
Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?

Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.

Rand Scott Lieber
Rand Scott Lieber answered on Apr 27, 2022

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... Read more »

1 Answer | Asked in Elder Law and Health Care Law for Massachusetts on
Q: My mother unexpectedly landed in a nursing home/rehab facility. Her mental status comes & goes. She's on Medicare.

I'm not positive about Medicaid. She receives $1500.00/mo from separated spouse & $200.00/mo in socal security. She has no other assets...Until...a sister died & has left her an inheritance of $200,000.00+.

She has 8 children. Our questions are, if she stays in the nursing... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Apr 26, 2022

If her mental status is in doubt then there should be a Conservator appointed by the Probae Court where mother resides to handle her finances and also a Guardian to handle her care if there are not agents under a Power of Attorney and Health Care Proxy granted authority to act by her prior to... Read more »

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: My sister is a personal guardian appointed by the court for an elderly with dementia- however she is also advancing age

She wants to be relieved from the guardianship - how do you go about it?

Mark Oakley
Mark Oakley answered on Apr 26, 2022

She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint... Read more »

1 Answer | Asked in Family Law and Elder Law for Louisiana on
Q: My brother died. Can I keep his vehicle if his father is living.
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Apr 18, 2022

Someone has to open a succession to transfer the title

1 Answer | Asked in Consumer Law, Arbitration / Mediation Law, Elder Law and Insurance Bad Faith for California on
Q: If I was overcharged for a root canal 15 mos. ago Am I entitled to reimbursement plus interest? They earned interest.

I wanted to go to my root canal dentist who was in the plan but they insisted i go to their sister office; as it turned out he was nor in the plan and i had to appeal to get them paid.

Tim Akpinar
Tim Akpinar answered on Apr 12, 2022

A California attorney could advise best, but your question remains open for three weeks. Nationwide, claimants do sometimes include interest in filing arbitrations for health care services (I cannot speak for California rules with AAA or other arbitration forums). But as a practical matter, it... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Oregon on
Q: Removing trustee from the Deed.

I, as one of the two beneficiaries of the private trust wishes to remove/replace crooked trustee from Klamath county records, as he refused to give me customized contents of the private trust, that he created rendered Foul Play. Title co. informed me there are 4 other uninsured deeds recorded... Read more »

Theressa Hollis
Theressa Hollis answered on Apr 11, 2022

I'm sorry but you have not asked a question. I recommend you hire an experienced trust litigator to assist you. How you are able to change Trustees will depend on the terms of the Trust Agreement.

2 Answers | Asked in Family Law and Elder Law for Texas on
Q: If my wife needs long term memory care, can I use her non-joint ira to help pay for it without a power of attorney?

She has Parkinson dementia and is no longer able to make decisions. For long term care I need to use the money in her IRA. Most of the money was made after we were married, but it is not a joint IRA. I have been managing the account since her illness, but have not taken out any money. Now that she... Read more »

Isaac Shutt
Isaac Shutt answered on Apr 10, 2022

You'll definitely want to speak with an attorney in the area who handles guardianship cases. In addition to (or instead of) guardianship over your wife, you may want to look at getting a document from the guardianship judge naming you as "community administrator". Many attorneys... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Ohio on
Q: Forgot to say in my previous post...

I forgot to say a few more things about that equity line of credit issue with my mother. Her house is in disastrous condition and is worth far, far less than what she owes the bank. So the bank simply taking the house, I don't think that will satisfy them, unless (I hope) by law that's... Read more »

Moshe Toron Esq
Moshe Toron Esq answered on Apr 6, 2022

It depends on the loan agreement.

In any event, you are not personally responsible for the loan.

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