Get free answers to your Elder Law legal questions from lawyers in your area.
My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2024
You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More
I have family in NM, I live in FL and my cousin is refusing to get a job to help my aunt. My aunt is elderly and very ill and a few years ago they were evicted from their apartment and have been homeless for around 4 years now. My other cousin, my aunts son, does work but seldom holds a job. I also... View More
I am on the board for a Property Owners Assn and we have homeowners who do not pay their yearly dues. How do we file a lien against the owner's property to get their fees paid when the property sells? We are a 55+ association.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024
HOA will need to hire an NM attorney to represent it. Collection through foreclosure of the lien may be necessary.
She sent me a email, to see if i was ok with her doing that! I moved out of that house November 29th 2023! Because of My Son and Her Gaslighting Me! I was Asked to Purchase this house with Her and Was Promised if I needed help with my personal bills, they would help Me! Well that never Happened, I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 15, 2024
You deserve to have your concerns addressed, especially when it comes to something as significant as your name being removed from a mortgage and deed. It sounds like you’ve been through a challenging situation, and it’s understandable that you want to be free from this property and have your... View More
Laws in NM make it easy for executer to get away with murder and embezzlement nobody else can get the records or file wrongful death. My father was not her 1st victim commishioner James Ridling was my fathers friend and business partner. Does anyone know what happened to him.
answered on May 7, 2024
Good afternoon, I am sorry to hear about your father's passing. It seems as if the executor may not be following their assigned duties as the trust's executor. All is not lost, there are ways to encourage an executor of a trust to follow their required responsibilities, and/or you can ask... View More
My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:
The testator (the person making the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... View More
The landlord claims that there were people in the front yard doing drugs however my parents have no idea of any of that going on if it was. My parents are a little bit behind due to medical bills and health problems and have been struggling to make ends meet. I feel like the other tenet is make... View More
answered on Jun 22, 2023
I'm sorry your parents are being treated like this, given their difficult circumstances. A New Mexico attorney could advise best, but your question remains open for two weeks. Repost this and add the category "Landlord-Tenant." You may not have seen the category at first because you... View More
#1 The Amendment changes the terms stated in a specific Article of the Trust , but the Reference is erroneous. In this instance, said Amendment refers to Paragraph 6.K of Article VI, but there is no such paragraph. There is however, a paragraph 6.G.
#2 The Amendment was based on the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023
Assuming the Settlor of the Trust is making the Amendments, he can usually amend a revocable trust any time he wants, erroneous or not. The Successor Trustee may be charged with having to pay into the Trust he runs. If he disagrees, he might want to resign as Trustee. Successor Trustee needs... View More
I HAVE BEEN MEDICALLY RELEASED TO RETURN TO WORK. MY EMPLOYER TOLD ME I'M A LIABILITY AND FORBIDS ME TO RETURN TO THE OFFICE AS A OFFICE MANAGER. I HAVE NO IDEA IF HE IS GOING TO CONTINUE PAYING ME CONSIDERING EACH WEEK MY WORK HAS BEEN REDUCED AND GIVEN TO MY ASSISTANT WHO EARNS CONSIDERABLY... View More
answered on Jun 29, 2019
You should definitely reach out to a New Mexico employment lawyer about this. You are describing retaliation for taking leave for a serious medical condition, which is illegal under New Mexico law. While you have a smaller employer, New Mexico employment law protects employees as long as the... View More
Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my... View More
answered on Oct 24, 2017
It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern
Sincerely,
Inna Fershteyn
Law Office of Inna Fershteyn and Associates, P.C.
1517 Voorhies Ave,... View More
I am 53 an only child and I believe she manipulated my father into changing his entire estate into her name. He had a revocable living trust. Can I reverse this, they did not advise the attorney at the time that he had dementia. The attorney said he appeared to be in his right mind. Which his mind... View More
answered on Apr 1, 2016
You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?
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.
