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Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: Can a company just completely keep every thing about late husband's Estate from from his Widow.

My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More

James L. Arrasmith
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answered on Apr 5, 2024

I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.

To answer your question directly - no, a company cannot legally withhold all information about a...
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0 Answers | Asked in Elder Law for Oklahoma on
Q: If exploitation of a vulnerable adult was discovered in April 2021. When will the statute of limitations be up?

I am the guardian of my uncle, 70 year old incapacitated adult. Law enforcement refused to write a report. Law enforcement told me it's was not in their jurisdiction, it was. Ignored the guardianship. They told me I can not be his guardian if I live in Texas. I am his legal guardian. I... View More

0 Answers | Asked in Elder Law and Nursing Home Abuse for Maryland on
Q: My sister is 81, lives in Maryland and I live in Pennsylvania. She fell in her home about a month ago.

She spent a week in the hospital and 3 weeks in rehab. Her PT says that she needs 24/7 care. She is trying to discharge herself against Dr’s orders by lying about her living situation.I need an emergency injunction to keep her in care. Thank you.

0 Answers | Asked in Family Law, Elder Law, Identity Theft and Legal Malpractice for New York on
Q: Stealing/taking benefits?

If I hire an attorney, will they be able to find out if a son is stealing/taking benefits or other from his mother? Mind you, the son's wife is a social worker so she knows all the tricks and loopholes

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Elder Law for New York on
Q: Homeowner, a 20 yr mortgage, What is the legal strategy to confront Defendants' Note of Issue when my disc not complete

The Mortgage was sold and the new bank quickly changed the existing servicing plan, made payments to the city finance department on my behalf, aggressively sought to recover their disbursements by creating an escrow account and escalated my monthly mortgage pmt to more than five multiple of it has... View More

Jack Mevorach
Jack Mevorach
answered on Mar 31, 2024

Are you alleging that you are fully performing according to the terms of Promissory Note and Mortgage?

Jack

1 Answer | Asked in Elder Law, Libel & Slander and Nursing Home Abuse for Minnesota on
Q: My cousin has been trying to get my mother put in a nursing home because she has stolen from my mom.

My cousin put herself as my mom's payee for SSI payments and emergency contact without her knowledge.

Robert Kane
Robert Kane
answered on Mar 29, 2024

Please see:

https://www.hennepin.us/residents/human-services/adult-protection

Rob Kane

Eagan Attorney Orange

Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

James L. Arrasmith
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answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Michigan on
Q: Is their common law marriage or cohabitation rights in Michigan?

My father is 84 years old in the early stages of demensia/Alzheimers. He has a girlfriend (58 yrs old) who has lived with him for approximately 6 years. If my father goes into a nursing home or passes what rights will she have, if any? To my knowledge, he has a will that my mother and him put... View More

Douglas E. Kuthy
Douglas E. Kuthy
answered on Mar 27, 2024

There is no such thing as common law marriage in MIchigan. There are no rights obtained from co-habitation. You appear to be on the right path but I would suggest that you also have a complete estate plan prepared for him including a trust while he is still competent enough to know what he is... View More

2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Q: CA is a will needed? What will happen without a will? no family, artist, writer.

Will a letter of intent work for personal items, manuscript, etc instead of a will? Would a make your own will work, what form/doc is needed? Or does one need to go through a do your own legal office? Price? OR make some kind of real, more expensive will. IS lawyer needed? Due to no family what... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, if you pass away without a will (intestate), your assets are distributed according to state laws, which typically means your closest relatives will inherit. However, if you have no family, your estate may escheat, or revert, to the state. Personal items, manuscripts, and artworks... View More

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1 Answer | Asked in Landlord - Tenant and Elder Law for California on
Q: Can a tenant be asked to move after a property sale because owners moved to assisted living?

There are two houses on the property. My parents are in one and tenants in another with a three-year lease but a 5-year rent freeze (ends Nov 1). My mom was disabled, and then my dad was injured, which cascaded into living in a wheelchair with dementia. They had to be moved into assisted living... View More

James L. Arrasmith
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answered on Mar 26, 2024

In California, tenants have certain rights under lease agreements, which are legally binding contracts between landlords and tenants. If your parents' tenants have a three-year lease, they are generally protected from eviction until that lease expires, barring violations of the lease terms.... View More

0 Answers | Asked in Estate Planning and Elder Law for New Mexico on
Q: Is there a POA that only takes effect if a person is incompetent here in New Mexico?

My father has dementia and is getting worse by the day now. However he has good days when he is totally present mentally and bad days when he not in his right mind unable to understand simple things or even remember simple steps of daily activities, forgetting what things are ect. I am the person... View More

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My cousin is in a nursing home with dementia. Taxes are due on his FL home. can a family pay the taxes b4 tax lien issue

Can I submit an invoice to be reimbursed upon the sale of the home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

Yes, you can pay the taxes. You should also look into whether the home is exempt.

But someone should be responsible for his financial affairs; that person should take care of the tax payments.

1 Answer | Asked in Personal Injury and Elder Law for California on
Q: Can I stop people from outside my household family from waking up my grandfather who had cancer?

My grandfather was diagnosed with mesothelioma about a month ago, and before that he was living with his 90 yr old 'girlfriend' out in Hemet. His house is in San Bernardino, his doctors are here, hospital, everything. So he came back home to live with us so I, his 22 yr old granddaughter,... View More

James L. Arrasmith
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answered on Mar 24, 2024

Under California law, your situation is delicate as it involves personal relationships and the well-being of a family member. If you are the primary caregiver, your grandfather's health and comfort are your priorities. Communicating clearly with his girlfriend about his needs and setting... View More

0 Answers | Asked in Elder Law for Virginia on
Q: What are our options for disqualifying a life insurance policy intended for funeral expenses as an asset?

We are applying for medicaid for my 89-year-old mother. She has just entered a nursing facility, possibly permanently. The only asset she has disqualifying her is a life insurance policy intended for funeral expenses. Is there an option to remove it as an asset without cashing out and pre-paying?... View More

4 Answers | Asked in Elder Law, Health Care Law and Personal Injury for California on
Q: Hospital negligence and elder abuse

I have a case open since 2021 the hospital just filled for bankrupcty. And i feel like the lawyers i have are not pushing harder on the settlement. Is it a different procedure when a hospital files for bankrupcty. Can i still find a different lawyer to help me

Joel Gary Selik
Joel Gary Selik
answered on Mar 22, 2024

You may find a new attorney. Make sure you consult with attorneys before you switch to make sure you can get a new attorney.

But, make sure there is good reason to switch lawyers. Bankruptcy does change a case, particularly the timing. If there is insurance, the attorney can file a motion...
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2 Answers | Asked in Banking, Elder Law and Estate Planning for Georgia on
Q: Bro & I have POA for 93 yr old Mom.He takes her $. Mom has to sell house to pay for care. Where put $ keep from him?

She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?

Nina Whitehurst
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answered on Mar 21, 2024

If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More

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0 Answers | Asked in Estate Planning and Elder Law for New Mexico on
Q: My father was leaving me his truck but totalled it in an accident. However a settlement was provided to him but my

brother will not let him purchase another vehicle so now I am getting nothing what can I do about this if his will says I am to get his truck but the truck is gone?

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