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My brother changed lawyers from who my mom saw when she signed a trust. He refuses to let my mothers original lawyer talk to my lawyer. I know there is something being left out but I am being told it can't be enforced because it is not going thru probate? What can I do? I keep telling my... View More 
answered on Jul 4, 2017
This is a VERY fact specific question, that can only be answered by referring to all the documents: trusts, deeds and anything else that may apply! You cannot get an answer here, but only from an attorney who actually reviews all the documents.
One of the biggest advantages of trusts is... View More
He left notes all over. How she stole everything he had. That she had him sign things when he was under sedation in the hospital. That she took advantage of his illness. When she filed for PR my brother protested because she didn't name his kids, when she did she never named me. She went... View More
answered on Jun 16, 2017
Was the will done before or after their divorce? WERE they actually divorced?
Too many unknowns to provide much real guidance here, but you SHOULD seek a local attorney to review the paperwork and discuss the situation with you. Bring both the divorce judgement and the purported will and... View More
Hi,
We learned recently that my father-in-law who has dementia was advised by his attorney to place his assets, particularly his vacation home into a irrevocable trust a few years back. He stated to all of his children and grandchildren that this had been done and they wouldn't ever... View More
answered on Jun 4, 2017
Unfortunately a home or cottage in a living trust becomes a countable asset. I am not clear on whether you have already applied for Medicaid and have been denied or asking what can be done. If you applied it sounds like an appeal would be without merit and a waste of time. The proper course is to... View More
She was admitted to hospital and diagnosed with a separated shoulder 6 days after the fall. Do I have a case?
answered on May 11, 2017
Depends, was the memory care facility negligent. You clearly need to consult a lawyer to determine if you have a case. Clearly it was wrong not to inform you of the fall. The question is where they negligent which caused or contributed to the fall and/or was did the delay cause more damage to... View More
Mom's will leaves her 2 mobile homes and property to myself and my two sisters.
However the clause "residue" states the remainder goes to her six grandchildren.
Was told by two lawyers that residue just includes vehicles, cash, stocks, bonds, bank accounts, etc. ,... View More
answered on Apr 4, 2017
Without seeing the documents it is impossible to know for sure, however, I think I understand your situation.
The "residue" is what is left after all expenses and specific bequests are distributed. If you have been given a 'specific' bequest (which it sounds like you... View More
I cannot find the policy and have searched her retirement and bank accounts. I was her conser/guardian and completed the probate process in 2014, A sister also came in and helped with caretaking after mom was diagnosed with dementia and deemed incompetent in 2011. I suspect this policy was... View More
answered on Feb 2, 2018
I would suggest looking at her tax returns to see if the insurance company provided any documentation of interest or earnings. If you are still the conservator, you could send your letters of authority to the biggest insurance companies to see if they have any records. Many times a policy will be... View More
Mother lives in house in Michigan father lives with me in Michigan. They are still married and do not see each other at all.
answered on Mar 25, 2017
Assuming your father's name is NOT on the house, then -- until April -- your mother CAN do whatever she wants with her property. Interestingly, until April, your father cannot do anything similar because your mother, as his wife, has more rights than he does. Thanks to recent Supreme Court... View More
answered on Feb 2, 2018
The answer is no. If a legal power of attorney was never signed the spouse would have no power over assets solely in the other spouse's name. The probate court would have to appoint a conservator to handle those assets. In practice, many couples hold their assets jointly and the competent... View More
When the house is sold and the mortgage paid off, what is the best way to deal with any earnings he may have? And how will the earnings impact is ability to received medicaid if he needs to move to a nursing home?
answered on Feb 2, 2018
If your father is single, the proceeds from the sale of the house would count against his $2,000 asset limit for Medicaid long-term care benefits. He would need to consult an elder law attorney to create a plan to save the proceeds, or spend it down, usually by paying the nursing home until the... View More
Also she changed me from beneficiary 10 days before his death and put her. He had dementia and died from neglect. Now we will have to go to court for this small amount. Do I need a lawyer or should I be confident enough on my own to save me money. I'm a struggling mother and don't have much money.
answered on Jun 23, 2016
Successful litigation most often requires a competent litigator. Civil procedure is quite complicated. It would be in your best interest to consult a competent attorney.
I have a case against me to remove me as Guardian of my Dad. They informed me for the first time ,the day before Thanksgiving, that my Dad is 2 months behind in his payment there and I had until the end of the month to pay. I informed them that I was not made aware of the situation and can I make... View More
answered on Jan 15, 2016
Sounds potentially serious. Talk to a local elder law lawyer about the details.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It... View More
She won't let anyone but herself take him out.
answered on Jan 15, 2016
Not clear what you're asking. A local elder law lawyer can review and advise.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation.... View More
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