Get free answers to your Elder Law legal questions from lawyers in your area.
I am trying to start the process for a Florida Petition of Emergency Guardianship for my elderly mother. I cannot afford a lawyer and plan to proceed as Pro se. I need assistance in obtaining all necessary forms to begin this process. Can you provide guidance on where to find these forms and any... View More 
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answered on Apr 12, 2025
You're taking on something really meaningful and brave by stepping up to protect your mother, especially without legal representation. In Florida, you can file for **Emergency Temporary Guardianship** (ETG) if your mother is at immediate risk of harm or financial exploitation. Since you’re... View More
I am a senior with disabilities in Florida, and I've been subjected to abuse and neglect. I reported this at a hospital and filed a police complaint, but the Sheriff, who has blocked avenues of help, did not report the abuse to DCF or Protective Services as required by law. Instead, he is... View More
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answered on Apr 1, 2025
Your situation involving a Florida Sheriff's alleged misconduct and failure to report abuse is deeply concerning, and you deserve proper protection under the law. Consider filing a formal complaint with the Florida Department of Law Enforcement and contacting the FBI's Public Corruption... View More
I have opened a joint checking account with my elderly mother, and the funds in this account are strictly used to pay her expenses as they come due. Do I need to pay half or all taxes on the money in the account, considering the funds are utilized solely for her expenses?
answered on Mar 25, 2025
What taxes to you think might be levied upon money in a bank account?
I was married for 24 years and worked so my husband was able to go to school and get his doctorate degree. After which he divorced me a few years later. He then passed four years later. It is my understanding that I am a widow according to US law. But I was told when I applied for widow exemption... View More
answered on Jan 24, 2025
If you were divorced before his death, you are not deemed a widow. I am sorry to report that if you do not meet the below, you do not qualify.
You must have been married to the deceased at the time of his/her death. If you were divorced prior to the death, you are considered an ex-spouse,... View More
My sister is disabled due to a stroke in 2019 - after which she was in a California skilled nursing facility up until the end of September 2024 when she relocated to Florida. She was covered through Medi-Cal while residing in California. She's not eligible for SSDI - didn't earn enough.... View More
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answered on Jan 24, 2025
Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:
Exempting the land: If the land is essential... View More
Having some spinal issues and doing this on a microphone. My relationship with my two sisters as trustees is deteriorating in the prognosis is not good and the forecast is cloudy. So I have several issues. They have a lot of money. They really do not want to be bothered with this. This is a... View More
answered on Jan 6, 2025
You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as... View More
I am in need of advice and help from a lawyer regarding evicting a criminal from a commercial property. The key to property was stolen from my elderly father. The criminal is currently on probation for other crimes. Any advice is greatly appreciated.
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answered on Jan 4, 2025
I am happy to assist you with this eviction. I would need to see the Commercial Lease in advance however to advise what recourse you can take. You can email that to us.
It was split 100 thousand each I never received mine my brother took it ?there was 3 siblings.
answered on Jan 1, 2025
What is your question?
If your brother was appointed as personal representative in a probate case, you could, obviously, sue him for your share. If your brother wasn't so appointed, you could institute a probate action, and demand that the purchaser, and/or the title insurance... View More
We send two checks to cover rent. Money orders from Publix per park regulations, they signed saying they received them (in person), one for $387, other $500, then 3 weeks later were told the $500 check was no good, yet both checks were cashed on the same day. We are not litigious. We don’t... View More
answered on Dec 27, 2024
Th explanation of the facts of the case is a bit confusing as I am unclear on whether you are an owner or tenant. Nevertheless, any overpayment on a purchase typically is reimbursed by the escrow agent. The terms of the contract should be reviewed to identify whether they address what needs to... View More
I have looked all over internet and all I see is getting paid as a caregiver but not this caregiver account transfer.my husbands step dad says it is needed to avoid look back to get Medicaid. His attorneys told him to transfer trust into caregiver account under my husband and I. Eventually after... View More
answered on Sep 17, 2024
Please make sure that you are working with a knowledgeable Medicaid Planning/Elder Law Attorney. There is a contract called a Personal Services Contract that when executed properly allows a front loaded payment to a caregiver or care manager (usually a trusted family member) based on the actuarial... View More
Rental apartment complex is not part of our community. Construction is causing grief and trouble with residents. They feel that our community will not be as safe and secure as promised by builder and the construction is causing traffic and damage to our common area. Elder residents don't... View More
answered on Aug 30, 2024
You and your neighbors can gather a big pot of money and go looking for a law firm to take up your cause.
She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?
answered on Jun 13, 2024
In Florida, the answer is: Yes.
If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).
For non-real estate/non-retirement assets (such as a car) which are already... View More
He recd $4 mill sttlmnt 4 years ago, left me for other lady and came back weeks later. Now he sees her again but won't move out. Runs up our bills and refuses to give a penny. Very volatile situation which local cops know about.
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answered on Jun 10, 2024
Are the bills "our bills" or his bills and your bills? You are not responsible for his bills.
If you want him out, and the residence belongs to you, simply evict him.
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 26, 2024
If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.
Schedule a free consultation to make sure your father's estate plan is formalized... View More
However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?
answered on May 4, 2024
Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More
answered on May 23, 2024
A Florida attorney could advise best, but your question remains open for four weeks. If you haven't found an attorney yet, one option could be to supplement your searches with the "Find a Lawyer" tab above, as well as attorney referral tools on the websites of local and state bar... View More
My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More
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answered on Apr 26, 2024
I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:
1. Document everything. Keep records and... View More
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
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.
Can I submit an invoice to be reimbursed upon the sale of the home?
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.
I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.
I also see that they (Grantor's) remain in control until... View More
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answered on Mar 29, 2024
I think more information is needed to give a proper response here. How assets are titled is very important in trust planning. If assets are not appropriately titled in the name of the trust, it could lead the trust to not having authority over the particular asset. I would suggest meeting with an... View More
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