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In Dec. 2015 my mother's will was changed (she was not diagnosed with Dementia at that time) the will my father and her made, leaving out my sister and myself from the main asset, her waterfront home. My brother is her health surrogate and caregiver and is paid 2400 a month to do this plus no... View More 
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answered on Jan 7, 2019
Have a guardianship attorney review this, generally, a guardian does not have this right
I filed a petition for Presumptive death certificate for my father with the clerk of court. I paid the filing fee with the clerk of court. The judge ordered the dept of health amd vital statistics to respond with a solution to my case. They responded by saying that i have fill out some forms which... View More
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answered on Jan 7, 2019
You should review the documents with an attorney so they can give you accurate information.
for funeral expenses?
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answered on Jan 7, 2019
Generally, a probate will be required to access the funds in an account that an individual had.
It has been over a year already since Irma hurricane and my mother has yet received any services for the damages. Her case remains open but my day to day concern is that her inside roof is falling and at any time can collapse. The insurance tell me you need to contact your property management and... View More
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answered on Jan 7, 2019
Consult with a property attorney who deals with hurricane damage.
The association wants us out the 26 the landlord wants us out on the 31
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answered on Jan 7, 2019
Did you have a question? Given that it is January, it may not make a difference at this time, but you should seek help under real estate not elder law.
I'm 70 years old, my wife is 50 years old. I found her in my room with another man but I went to jail not either my wife or the man with a machete in my bedroom
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answered on Jan 7, 2019
Sounds like you need to repost this under Divorce, and criminal law. If you die, she will be entitled to 1/2 the home or a life estate if you are still married.
He was under her custody but has been out of her household since about 15/16 and she was still receiving benefits for him and me his big sister tried to get guardianship they told us that it would be a waste of time and that he was old enough to determined where he wanted to be and did nothing so... View More
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answered on Jan 7, 2019
He needs to find an attorney to review the facts and see what options there are.
living trust. I can not cash them because the bank closed the living trust account since it had not been used for so long (without my permission). In order to file a petition for summary administration to cash these checks they want the orginal copy of my Mom's will. I made copies of her... View More
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answered on Jan 7, 2019
You can petition the court to accept the copy, Hire an attorney to help handle this for you
Wishes and assume the morgages
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answered on Jan 7, 2019
There is nothing that says you can't make the payments. Whether you are entitled to the property is another issue. You should consult with a probate attorney to determine who the property belongs to.
I have read VA A&A is 1. totally countable medicaid income, (MAGI) 2. that only the pension portion of $735 is countable, and 3. that it is totally non-countable. She is recently in a nursing home and receiving A&A, and will be until Medicaid is applied for and approved. Then I shall... View More
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answered on Jan 7, 2019
Jason is correct
VA pensions are included as unearned income, excluding the amount of aid and attendance, housebound allowance, and unreimbursed medical expenses
2015 grandson was to pay three siblings monthly payments according to will. Never received any payments. Now he is divorced and just got a new mortgage on house. Can I go after anything or I am just out of luck?
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answered on Jan 7, 2019
You will need to review the facts with an estate planning attorney to determine if you have rights or it has been too long to do anything.
Monthly payments of $200 to his three adult children for the house. I have copy of will sent to me showing I am a beneficiary. I sent certified letter to grandson, with copies to my brother and sister asking when I would receive payments but no response. Is there a time limit to claim my... View More
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answered on Jan 7, 2019
Yes, there is a time limit to claim payments. The time limit depends on the facts and what was done. It may be as long as 5 years or could be much shorter depending on what type of claim you actually have.
I bore 2 children and 1 is deceased. my will states I have the following living child. The term child or children as used in my Will includes the above listed children and any children of mine
that are subsequently born or legally adopted.
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answered on Jan 7, 2019
Typically in FL, if you have a deceased child, their share will go to their descendants, if none to the other siblings. How this works will depend on the terms in your will and how it is written. You should review your will and objectives with an attorney to determine if changes should or need to... View More
to go through probate?
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answered on Jan 7, 2019
NO, you can get started in a week but a probate can take 60-90 days for a summary administration and 6-12 months for a formal administration. These times are assuming nothing goes wrong or there are no delays.
There is a 72 year old female senior citizen who lives as a single woman in her "Safe Haven" homestead residence in Saint Petersburg, FL, with total annual income of $7,800 approx. which is well below the IRS poverty line limits. The city government of Saint Petersburg FL is repeatedly... View More
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answered on Jan 7, 2019
The homestead protects from liens that are not related to the property. Not from the IRS, or property related issues.
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answered on Jan 7, 2019
If the owner is alive, they can transfer the property with a deed. This may disqualify you from long-term care benefits if done within 5 years of a need. It might be a better solution to use a trust or enhanced life estate deed. This is something you should discuss with an estate planning lawyer... View More
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answered on Jan 7, 2019
Only if the home was still owned by the decedent at the time of death. If it was in a trust or jointly owned with rights of survivorship, or on an enhanced life estate deed, then there will not be a probate needed.
she had nothing no car or home or property just our joint bank account and i did not file or probate the will as i did not know i needed to. Now i live in Florida and my sister thinks she should get money and personel belongings of my moms. My mom left everything to me in a will and left one... View More
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answered on Jan 7, 2019
Unless there is substantial personal property or other assets that might be subject to probate, the risk is little that she will spend a bunch of money to object to a will and receive 1/2 of almost nothing.
They will let my dad eat in ALS with my Mom,. but she is not allowed in the main dining room. This seems to me to be discrimination. My Mom feeds herself, looks fine and can order for herself. After 63 yrs. of eating together, it seems disgraceful that they can't eat together in the dining... View More
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answered on Dec 31, 2014
This is not really a legal question.
Need to sell and move back to mass. need advice on fixed income
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answered on Dec 31, 2014
This should be posted under MA as you will be dealing with their rules, probably loose the money from the home in MA
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