Stepmom/Bio Dad created Joint Trust in 2004. Stepmom began making changes to Trust in 2018/19 while Dad having dementia. Wouldn't say what she did . She died in 2020. Financial POA went to elder twin daughter of stepmom. She wouldn't give any info. Then she died in 2022. Now younger... Read more »
There is no competent way such specifics can be resolved in an Internet forum outside of privilege and without reviewing the trust documents. Start with a lawyer in your state, and, if it turns to litigation, you might need counsel that has jurisdiction over the trust or the trustee in California...Read more »
Installation was set to begin the week of September 26th. installers arrived & I questioned them on what exact directions were they given for the bathroom intallations. After their compliance with my request, I noted that they were given incorrect information concerning the specifics of one of... Read more »
My husband is her only heir. He and I declined to take on any assets (namely her home and car) and we declined to administer the estate. A debtor is now suing for foreclosure and we are receiving endless summonses because we are named as heirs/interested parties. Do we need to answer these summons... Read more »
Whether or not you are willing to accept or be responsible for any interest in the state, you have an interest which needs to be addressed in the foreclosure action. You will continue to receive information. If you do nothing, at some pont in time, the plaintiff will seek the entry of a default in...Read more »
Uniform Fraudulent Transfer Act. My dad was a resident at Life Care Center Billerica, MA from May 25, 2021 - July 11, 2022(death). I had him transfer House deed to me and my sister in Sept 2021 recorded on 10/8/2021. His balance is 8,600. I was aware of the balance, however, explained how he has... Read more »
So, there was a house transfer close to the date of death and includable in the lookback period so that there probably would not have been Medicaid/MassHealth eligibility . Contact a Medicaid specialist on this issue ASAP to present your set of facts to see if there is something recommended at...Read more »
I am set to be 1/3 heir of my grandfathers estate. Guardianship of my grandfather was recently granted to his friend, who also happens to be the eventual executor of his will. He was placed in an assisted living facility, and his home is currently vacant.
No. The rental and the sale both will have to be at full fair market value in order to preserve your grandfathers estate. You may be able to rent it and buy it later, but they will both have to be at fair market value.
He should speak with an estate planning attorney. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
She changed his will after he moved in with her. At the time he had Dementia and was on hospice. I didn't realize all this until getting the probate papers and she didn't list all his assets. When I questioned why his accounts were not listed she said her name was on it so it all belongs... Read more »
I'm very sorry for your loss. You should consult with a probate litigator. You may be able to contest the Will. It may be more difficult reverse the titling of your father's bank accounts and/or vehicles but a probate litigator will be able to give you an estimate of your chances of success.
It is probably too late to get a legal power of attorney given your mother's memory loss and confusion. Even if your mother were to sign the power of attorney, it may be challenged due to a lack of capacity or competence to understand the significance of what she is signing.
My brother is a friend of the CFP but has no legal authority for my estate - living trust. The CFP is in Georgia. I think he breached client confindentiality at the very least and likely violated a code of ethics. What recourse do I have? Is there a Board where I can lodge a complaint? Thank... Read more »
An Arkansas attorney could advise best, but your question remains open for two weeks. You need to search for attorneys who handle Americans with Disabilities Act (ADA) matters. You could try searching under ADA and civil rights law firms. You could check with the Arkansas Bar Association. Most...Read more »
He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills,... Read more »
Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a...Read more »
You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's...Read more »
My dad's in his late 80's in NY. If he needs medicaid to pay his care, can my disability (I'm on SSDI), age 60 in MD) be used to pass his savings to me, so our family can keep it? Is it just an exemption for a house or for other assets too?
Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if...Read more »
Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps...Read more »
She is on a fixed income and recently refinanced the home because he demanded she pay him back for the down payment which was over 20 yrs ago. She has been the only one paying mortage, utilities. Hes been there freeloading. Now hes demanding she leave, its his house. Shes not allowed to eat his... Read more »
It surely seems like a very toxic relationship. I recommend that she get away from him as soon as possible. The longer they remain married, the more money she may owe him in spousal support (aka alimony), since she is financially supporting him during the marriage.
She has neglected her obligations for over 6 months. she is frail and forgetful. she's financially solvent Recently I helped her pay the following: rent arrears to the landlord's lawyers, Con Edison shut off notice, cable tv, land line phone, car insurance, car mechanic. but she cannot... Read more »
If you believe she can understand what she is signing and wants to do so, she can sign a POA. If she does not understand or understands but does not want to, you will need to petition for guardianship. You should not try to do this without speaking with an attorney.
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