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Elder Law Questions & Answers
0 Answers | Asked in Elder Law for Virginia on
Q: How can I go about getting guardian ship of my husband currently he's in a nursing home in NC and I'm in one in Va

I want my husband moved with me I took care of him when he was home and I have witnesses who can testify to that and I also have papers stating that

0 Answers | Asked in Elder Law for Virginia on
Q: How can I go about getting guardian ship of my husband currently he's in a nursing home in NC and I'm in one in Va

I want my husband moved with me I took care of him when he was home and I have witnesses who can testify to that and I also have papers stating that

0 Answers | Asked in Family Law and Elder Law for North Carolina on
Q: Why shouldn't I have gotten guardian ship of my husband I wasn't in a nursing home then

I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Why shouldn't I have gotten guardian ship of my husband I wasn't in a nursing home then

I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More

Ethan A. Trice
Ethan A. Trice
answered on Apr 20, 2024

It isn't possible to answer with any degree of specificity why you were not granted guardianship without seeing the court file. This is a situation where you need to schedule an appointment with an attorney with the paperwork you have.

1 Answer | Asked in Family Law and Elder Law for California on
Q: Should I file PC 273 and PC 166 at the same time?

I was granted an elder abuse restraining order the person that the restraining order was for was in the court and handed the restraining order by the bailiff there was a court order for her to return all my belongings she never returned nothing so I got this restraining order in family law Court... View More

James L. Arrasmith
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answered on Apr 20, 2024

Based on the information you provided, it seems that the person against whom you obtained an elder abuse restraining order has violated the order by not returning your belongings as required by the court. In this situation, you may consider the following steps:

1. PC 273.6: This is the...
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0 Answers | Asked in Elder Law for Puerto Rico on
Q: Should my elderly parent in Puerto Rico first get Medicaid in Puerto Rico before coming to NYC?

My elderly parents are on Medicare in Puerto Rico. Mom needs to be placed in a nursing home (advanced Alzheimer's), so I'd like to place her in a nursing home in NYC. However, I need Dad to get her on Medicaid in PR beforehand, so i can find a home in NYC, bring her and get her placed... View More

0 Answers | Asked in Elder Law for New Mexico on
Q: If there is a water leak under the home and the renter is unaware who is responsible for the bill and leak repair?

My father has just been kicked out because he was unaware of the water leak that ran up a 3k bill.

0 Answers | Asked in Estate Planning, Family Law and Elder Law for Massachusetts on
Q: Can irrevocable trust be setup to hold personal property only?

Id like to know:

1) Can a irrevocable trust be setup to hold just valued personal property family related items like, cherished valuable jewelry, coins, artwork, artifacts etc ?

2) If so does doing so simply require formally setting up a trust, funding & adding to the trust... View More

1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for North Carolina on
Q: Iredell County has denied my senior citizen property tax exemption based on my over limit income.

Both my Federal and NC state tax is zero AGI. Can anyone help with ???

James L. Arrasmith
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answered on Apr 18, 2024

It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.

In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally...
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0 Answers | Asked in Elder Law for Texas on
Q: My father was in a long term facility and due to in my opinion neglect, died of Septic Shock

I’m looking for them to held accountable on something that could have possibly could have been avoided.

0 Answers | Asked in Criminal Law, Elder Law, Federal Crimes and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

1 Answer | Asked in Criminal Law, Elder Law, Legal Malpractice and Municipal Law for New York on
Q: What kind of lawyer do I need to fight for me against the town and the two people who killed my sister.

I finally found hard evidence that he killed my sister with his medication which showed on the toxicology report that it was his meds. The prescription read his name on the bottle. The detective had taken a picture of the meds. There is way to much to tell on here... I am living a nightmare, I am... View More

John Michael Frick
John Michael Frick
answered on Apr 17, 2024

My advice is to contact the New York State Police and provide to them the toxicology report and other hard evidence while explaining that you are having difficulty with the local police and sheriff's dept.

The New York State Police may have received other similar reports regarding...
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0 Answers | Asked in Elder Law for Kentucky on
Q: cds left for kids in "dad or son or child" but not in lw&t. son stated cds were in "dad,son or child" & kept money.

Is son correct? do adult child siblings have recourse? son was only person in will.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
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answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

1 Answer | Asked in Family Law, Communications Law, Constitutional Law and Elder Law for Indiana on
Q: I was not notified of a court hearing in KY, what can I do?

My wife's son, from a previous marriage, has filed for guardian and conservator over my wife and apparently was already awarded emergency guardianship. He emailed my son and I unofficial and incomplete documents wanting us to sign my right to be notified away and we refused because my wife... View More

James L. Arrasmith
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answered on Apr 17, 2024

In Kentucky, the law requires that certain interested parties be notified of guardianship and conservatorship proceedings. According to Kentucky Revised Statutes (KRS) 387.580, the person for whom a guardian or conservator is sought (your wife, in this case) must be notified, unless the court finds... View More

0 Answers | Asked in Elder Law for Arizona on
Q: When exactly is an elderly person considered unable to make decisions and needs a loved one to take control?

When and how can it be determined if an elderly person is unable to think rationally and needs a loved one to make their decisions for them because their considered “unfit”. I guess thats the word to use? Can it be challenged in court and how is it determined? What if the family says their bad... View More

0 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: Hi, I sent a series of Wire transfers to JP Morgan Bank in Illinois, cashed by a person who appears to be a non entity

His name is xx, in Markham Illinois, at the Chase Bank 4001 W 167th St, Country Club Hills, 60478, USA. I was referred to him from a friend to whom I could trust to pass on the money to her for investment. The problem is that the bank won't talk to me as I'm not a member and in order to... View More

1 Answer | Asked in Elder Law and Landlord - Tenant for California on
Q: I have lived 22yrs in my home. My original landlord died in Feb2023. He owned many homes including (2) others on the sam

Plot with me. His heirs have listed our homes for sale. Many unknown people are videotaping all around our homes. I’m totally disabled and am frightened by these strangers constantly being around. What rights do I have ? Thank you

James L. Arrasmith
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answered on Apr 13, 2024

As a long-term tenant in California, you have certain rights that protect you even when the property ownership changes hands. Here are a few key points to consider:

1. Just Cause Eviction: Under the California Tenant Protection Act (AB 1482), if you have lived in the property for more than...
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0 Answers | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship from my husband's brother and sister and have him moved to

A nursing home with me in Virginia he's currently in a nursing home in NC i am the one who took care of him when he was at home his family never came around unless they wanted something and i have witnesses who can testify to that

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Q: Do you think it's doable for me to get guardian ship of my husband away from his brother and sister

I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me

Ethan A. Trice
Ethan A. Trice
answered on Apr 12, 2024

I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.

In general, transferring...
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