Ask a Question

Get free answers to your Elder Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Elder Law Questions & Answers
0 Answers | Asked in Consumer Law, Family Law, Banking and Elder Law on
Q: Two orders in same matter contradictory with each other...one order saying allow other is saying maintain status quo.

We have a order from high court which was passed in 2012" where by the court allowed us to collect interests on the FD kept in the bank..(in an Execution Application which is still running, but we did not take it then)

Thereafter the same FD was mentioned by the petitioner in a new... View More

0 Answers | Asked in Elder Law and Landlord - Tenant for Massachusetts on
Q: My apartment has had a roof leak for about 5 years. The landlord can't afford a new roof. It leaks in various rooms help

People have come and did repairs but some spots still leak. Everyone that has come have not completed the job. I think money is an issue. The apartment has mold from the dampness. What can I do? What are my rights?

1 Answer | Asked in Domestic Violence, Elder Law, Landlord - Tenant and Libel & Slander for California on
Q: Falsely accused of elderly abuse, cleared in restraining order case of elderly abuse... How to pursue prosecution.

False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2024

I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More

0 Answers | Asked in Contracts, Criminal Law, Elder Law and Federal Crimes for Connecticut on
Q: Help! I wired 50k to a 'friend' who lied to me what it is for and now wont pay me back! Can you help me please! Jeanie C

I lived in TX, he lives in Ct when contract signed. I wired him 50k because he said he had gov. contract to protect the windmills being built off coast of New England. He needed to buy a special boat for this. He wrote up contract and said he would pay in one year. It was due in feb 2024. I have... View More

0 Answers | Asked in Family Law and Elder Law for Colorado on
Q: What expenses should a dependent parent pay a caregiver child while living in the caregiver child's home?

My mother with dementia lives in my sister's home. My sister is divorced and her home is not paid for. She is paid $5,829/month from my mother's funds for the homecare and expenses. Now my sister wants 8K/month or more to care for my mom saying mom needs to cover all the expenses of my... View More

1 Answer | Asked in Elder Law, Health Care Law and Probate for California on
Q: My dad died almost 2years ago, after he passed away his wife told me and my 3 siblings there was no estate no will.

I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 22, 2024

I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for Missouri on
Q: If someone has been publicly harrassed, stalked, been kept @ home using threats. Much more. The police will not help.

I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 20, 2024

Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More

0 Answers | Asked in Real Estate Law, Communications Law, Elder Law and Environmental for Florida on
Q: In Florida Lawyer letter to me: "Trespass Warning". Lawyer included more unclear warnings. Is that legal?

Question about attorney letter. Land owner behind me plans to build 265 houses. After alerting Fish & Wildlife there are Protected Gopher Tortoises there, I met F & W Officer & showed him GT burrows. He shut it down. I also showed officer chemical spills & took pix. Spills were... View More

1 Answer | Asked in Estate Planning and Elder Law for Arkansas on
Q: To add a name to a deed via quitclaim in Arkansas, is the grantor also listed as a grantee along with the added person?

Adding adult child to property

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

Hire an AR attorney to draft the deed. Your answer could be yes or no as it depends on what type of estates are created by the transfer.

0 Answers | Asked in Criminal Law, Elder Law and Probate for Missouri on
Q: If I was the sole beneficiary of a trust up until my mothers death. Can my stepfather remove me? Do I have to be notifie

I am an only child. I worked and maintained the company business for the past 15 years. Have been told for the past 30 years our family business would be passed on to me just as it had been to my parents.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Elder Law for Pennsylvania on
Q: Can a bank recover funds that were wired to another account in a scam?
Tim Akpinar
Tim Akpinar
answered on Jul 23, 2024

A Pennsylvania attorney knowledgeable in banking law could advise best (there's a heading for "Banking Law" here if you wanted to repost and include it), but your question remains open for two weeks. You could also check with your bank - larger banks could have more powerful... View More

0 Answers | Asked in Family Law and Elder Law for Arkansas on
Q: I need to get guardianship over mom and brother. It's urgent.

Mother is going into nursing home and my brother bank account is in her name and we can not get into it.

1 Answer | Asked in Tax Law, Real Estate Law and Elder Law for Washington on
Q: I am 80 and own my home through a revocable trust that I created 15 years ago. Can I qualify for the property Tax deduc

My income is fixed and below $40K

Another question is if I am eligible to have prorated for previous years for a possible refund?

I am 80 years old, house is set up in a revocable trust I had done many years ago, I live in the house year round with my spouse of 50 years, I am up to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

You may qualify for property tax relief in Washington State, as it offers several property tax exemption and deferral programs for senior citizens, especially those with low fixed incomes. Given your age and income, you could be eligible for the Senior Citizens and Disabled Persons Property Tax... View More

0 Answers | Asked in Elder Law and Health Care Law for Florida on
Q: My mother is going into a Long Term Care Facility. My sister and my mother live together and have joint accounts.

My mother is 86 and is going into a Long Term Care facility. (Medicaid/Medicare). My mother and my sister live together. Both their names are on the checking and savings account. No other assets. They rent a house. They split the bills. My mother has social security and my sister gives my mother... View More

0 Answers | Asked in Elder Law and Health Care Law for Alabama on
Q: My sister lives in Florida and is increasingly confused and extremely forgetful

Unknown to me, she recently took out a reverse mortgage . In May at her request I sent her $500 to pay her water bill as they had been without water for 2 weeks. According to her " roommate" who helped her obtain the reverse mortgage the previous $6000 payment was used to "fix things... View More

2 Answers | Asked in Elder Law, Health Care Law and Medical Malpractice for Maryland on
Q: If hospital and doctors fail to treat life threatening wounds, or address pain, is this elder neglect??

65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More

View More Answers

1 Answer | Asked in Elder Law for Texas on
Q: My sister sold our 87 year old moms home and left her with me because My mom no longer had a home

Sold our moms home and pocketed all the money. Now our mom no longer had a place to live.

John Michael Frick
John Michael Frick
answered on Jul 12, 2024

The only way your sister could sell a home that belongs to your mother is with your mom's permission using a power of attorney or if your sister has been appointed by the court as your mother's guardian.

If your sister sold the home with your mom's permission using a power of...
View More

1 Answer | Asked in Elder Law for Michigan on
Q: My mother was in Hospice. Her volunteer caregivers stole $ 18,000 from her banking. They did not have power of attorney.

my mother was on 2 pages of drugs and clearly not able to know what was going on. They took her through the bank drive thru and got added on to her account. The next day took my name off and added theirs and then took out money until it was gone. I got all the bank receipts; I am the executor of... View More

Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

You've done the right thing and all you can for now. Let the police investigate, which could lead to criminal charges on the caregivers. What your mother wished to happen with the money is not relevant - even assuming you have some proof of those wishes (e.g., a will).

0 Answers | Asked in Elder Law and Family Law for West Virginia on
Q: Who is responsible to care for an elderly parent with Dementia and no spouse.

My wife and myself care for my wife's mother. She has Dementia and requires 24 hour care. There are four other siblings but they refuse to help. My wife had to quit her job to care for her Mom and we have lost all that income. It's been two years without a break. Can I force the other... View More

1 Answer | Asked in Civil Litigation, Criminal Law, Elder Law and Federal Crimes for Pennsylvania on
Q: What laws would you be violating in Pennsylvania if you put a hidden camera in someone’s home without their consent

The camera would record, audio, and video without any consent from the legal owner of the property

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2024

Installing a hidden camera in someone’s home in Pennsylvania without their consent is illegal and can lead to serious legal consequences. Firstly, this action violates Pennsylvania's Wiretap Act, which prohibits recording audio without the consent of all parties involved. This law makes it a... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.