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Elder Law Questions & Answers
0 Answers | Asked in Elder Law for Michigan on
Q: My sister and brother say they have my mother's poa and are trustee for her trust. I have asked to see the documents.

They refuse. I am concerned because I just found out my other brother refinanced my mom's home twice and pocketed 200,000.00. My brother and sister were supposedly in charge of my mother's finances at the time. I have asked for financial records . I am receiving the cold shoulder. Is... Read more »

0 Answers | Asked in Criminal Law and Elder Law for New Mexico on
Q: 505-842-5662

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1 Answer | Asked in Elder Law and Estate Planning for New Jersey on
Q: My mother in law died over a year ago. Her estate was insolvent- she owed much more in debts than she had in assets.

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 »

Morris Leo Greb
PREMIUM
Morris Leo Greb
answered on Sep 27, 2022

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 »

0 Answers | Asked in Family Law and Elder Law on
Q: Does an enduring poa need to be signed by a lawyer or notary to be legal

Father in law passed away and now trying to get bank to let me take care of financial and banking things for mother in law as she is in care home and cannot do these things herself

1 Answer | Asked in Elder Law for Massachusetts on
Q: I was sent a demand letter from my father's Nursing Home Attorney. Demand payment of his balance with a Chapter 109A .

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 »

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

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 »

0 Answers | Asked in Real Estate Law, Tax Law and Elder Law for California on
Q: In Calif, will my prop tax base go up now or even upon sale if i do basic needed upgrades? I am a senior.

Improvements needed: new windows, upgraded electrical panel (amp increase), possible central air, possible solar, possible electric car panel. Cal has prop 13 and prop 19. I immed need new windows and electrical for home to be livable. As a senior, i may sell in 5 years to go to senior housing... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Real Estate Law for Kentucky on
Q: When the will is executed, am I able to buy out the home for 2/3 of the market value using the inheritance $

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.

I was hoping to he able to move... Read more »

Timothy Denison
Timothy Denison
answered on Sep 25, 2022

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.

0 Answers | Asked in Elder Law and Health Care Law for Maryland on
Q: What precedence protocols are at play, and what would you recommend since there was no legal guardian?

anonymous is 86 years old and is slowly dying.The doctor could possibly extend her life by inserting a NG tube in her mouth, but she keeps pulling it out. The physician decides to surgically insert a G tube . Juanita’s daughter asks the physician not to do this because her mother is in a nearly... Read more »

0 Answers | Asked in Elder Law, Health Care Law and Nursing Home Abuse for Maryland on
Q: Are rights being violated, or is the safety key? Who is acting legally/illegally? What precedence protocol is at play?

PROMPT:

Judd is 86 years old. He lives in a nursing home. He is alert and oriented, but is losing his sight. He has been taking walks everyday for years. Now, however, the nursing home administrator notices that Judd is having a hard time crossing the street. Apparently, he can’t see the... Read more »

0 Answers | Asked in Elder Law for Washington on
Q: Ohio law - Is a husband financially required to support a wife, if the wife has her own money?

I am totally disabled for 20+ yrs. I am 73, husband 80. My family Trust provides small dividends quarterly, in addition to my SS. Income is totally INsufficient to live on.

When we married in 2015, our pre-nup specifies that I pay half of our expenses since I have the Trust and expected to... Read more »

0 Answers | Asked in Elder Law for Connecticut on
Q: Does a newly signed Health Care Rep(HCR) form supercede an older dated Health Care Agent(HCR) form?

The issue at hand re: a new HCR form filled out in Aug. '22, that is being disputed by a family member who was appointed POA(w/ Durable Power Clause) with subdivision (L)"health care decisions" and a HCA in 2004. Does the Aug. 22 HCR form supercede not only the HCA but also... Read more »

1 Answer | Asked in Civil Rights, Elder Law and Health Care Law for California on
Q: 1. My friend (boyfriend) of two or three years has heart issues. 2. His request always is to be housed near me.

3. When being discharged to nursing facility his sister moves him without his knowledge.

He states that she doesn't have durable power of attorney.

He wants me to make decisions so he can be near me. Feels he gets better with me near by

I live in Hemet CA (Riverside... Read more »

James R. Dickinson
James R. Dickinson
answered on Sep 22, 2022

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.]

0 Answers | Asked in Real Estate Law and Elder Law for Texas on
Q: I live in a designated 55+ community. Very controversial: Can we completely eliminate rentals by changing CCRs

We "believe" we have 130/150 rentals. The original CCRs were boilerplate wording before Pulte turned over the board to homeowners. As with many HOAs, people/investment firms buying for cash and then renting due to our lack of restrictions. We even had a realtor running an Air B&B... Read more »

0 Answers | Asked in Domestic Violence and Elder Law for Arizona on
Q: Ex assaulted me and Mt 84yo MIL, 3 weeks on the run. When and how can I remove his personal property

Currently he has 2 pickups, 3 trailers, tools, equipment, computers and some clothes

He's on the run in my stolen truck

0 Answers | Asked in Elder Law and Nursing Home Abuse for New Mexico on
Q: Is there any lawyers in NM experienced in abuse and neglect against a SMI patient at a inpatient dual diagnosis drug reh

My daughter was neglected and abused her meds were with held she was left in the same clothing for 6 days it gos on and on

1 Answer | Asked in Elder Law and Probate for Oregon on
Q: Sister added her name to my father's bank accounts, stocks/bonds and vehicles before he passed. She claims it's hers now

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 »

Theressa Hollis
Theressa Hollis
answered on Sep 20, 2022

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.

0 Answers | Asked in Criminal Law, Civil Rights and Elder Law for Pennsylvania on
Q: How can I get a docket corrected? It needs to show what the judge actually ordered.

My husband has been denied parole 3 times. His paperwork shows a no contact order that was actually removed over 5 years ago, but the prison officials keep telling him he can't come home because of the no contact order. All charges brought against him pertaining to his actions against me were... Read more »

0 Answers | Asked in Criminal Law and Elder Law for Florida on
Q: My sister and I are dealing with an abusive felon who carries large knives in Florida. Thank you for your thoughts

This felon person claims to be a friend of my elderly father. When my father got sick, he said he would stay with him. The person argues, fights with my sister and me to the point he makes us sick. He is very abusive to us. He has been arrested in the past for drugs and alcohol and DUI. We believe... Read more »

1 Answer | Asked in Estate Planning and Elder Law for New York on
Q: My financial advisor (CFP) contacted my brother (no power) to advise him I'd made a change to my POA. Did he break a law

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 »

Michael David Siegel
Michael David Siegel
answered on Sep 19, 2022

I see nothing "illegal", but it is weird.

0 Answers | Asked in Elder Law, Family Law and Libel & Slander for Washington on
Q: My sister spreads false tales about me abusing my mom by spending her money. What do I do?

Mom moved into my house because she spend 16 years alone after dad died. I let her move in and it disrupts the family because Im her favorite and they are not. Mom made me POA and she went with us all over. Everything we did mom was with us and gave approval. Since 2016 my sister tells everyone Im... Read more »

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