Get free answers to your Elder Law legal questions from lawyers in your area.
Can her home be sold now or after she dies?
answered on Jul 24, 2024
Most likely she is at a nursing home with the intention to return home if she is able. She can agree to sell her home if she wants to do that. If she does not want to sell it then it will remain hers for life. Although she is not living there right now, that does not forfeit her life estate.
He wants to sell the house to my son (his grandson). We are being told that the house must be sold at "fair market value". Can he not sell the house at whatever price he chooses?
answered on Sep 14, 2023
While I think Mr. Gallo's answer is correct based on the question as phrased, I sense a Medicaid look-back issue. Whether such an issue exists depends on whether your aunt received long-term care benefits through Medicaid, which is not mentioned in your question. When a Medicaid recipient... View More
answered on Mar 22, 2023
Tangible personal property is transferred to a trust with a bill of sale or assignment in most cases.
I'm a joint owner listed on my dad's bank account. He is elderly and needs a financial power of attorney. Can I be his financial power of attorney while listed as a joint owner on the bank account?
answered on Mar 26, 2022
Yes as to his interest in the account but should not have to as both co-owners should have equal access to 100% of the value
CPA is telling me I have to pay capital gains on the sale of my deceased mother's home because the irrevocable trust was set up as a Medicaid protection,
answered on Mar 5, 2022
yes there are many situations where a home held as corpus of an irrevocable trust will not receive a stepped up basis.
Family member was caregiver for grandmother was supposed to pay mortgage,bills.. Never paid mortgage. grandmother will lose house foreclosure, she's out $20,000. Family member left grandmother bank account $0. Grandmother's social security check went into bank account&stimulus checks... View More
answered on Jan 20, 2022
https://riag.ri.gov/elder-abuse is a good place for you to start to seek help for your elderly relative. Good luck to both of you.
One of the siblings (through his attorney) has not signed a release (sent to him more than four months ago) to get what's left of his inheritance after expenses. Trustee is considering petitioning the court (under Title 18-6-2 of RI law) for trustee/executor to be freed from liability for his... View More
answered on Dec 12, 2019
It is very kind of you to want to help. Your husband should be able to figure all of this out with help from their attorney. If they do not have an attorney assisting them, now would be a great time for them to retain one. It sounds like this simple trust / estate is becoming more complicated. Your... View More
Mom had original trust done in 2000 with assets being split 50/50 between sibling & myself. In 2016 I had falling out with sibling & in 2017 he took my mom to a lawyer to amend her trust giving him 100% & DPOA with unlimited powers. She was 95 at the time & had started with dementia... View More
answered on Aug 16, 2019
I don't see this as an employment law question. If you cannot afford to enlist private legal assistance, you may wish to investigate other resources that might include law enforcement if you suspect there is elder abuse being committed.
I expressed if he did not want to handle this case to surrender with no pay so I can hire another attorney in 2 certified letters sent to both his locations and he never responded. I gave him no money and he quoted when I hired him “ if I don’t win this case, you pay me nothing” he passed on... View More
answered on Sep 8, 2018
My gosh, do you need to be hit by lightning first? Do you think if you wait another year, this attorney will wake-up and call you? It does not sound that you signed an engagement letter with this attorney. To determine if you have a malpractice case against this attorney, would depend on the... View More
My friend feels financially exploited by her daughter, who is also her legal guardian. This daughter sold my friend's house and car without asking her permission or discussing it with her in any way. She also had her committed to a mental health hospital, but the hospital released her after... View More
answered on Nov 27, 2017
Your friend would do well to meet with an attorney practicing probate and guardian law.
answered on May 3, 2017
They should read that contract they signed to get the money.
I am legally blind I have been over ,20 years my son transports me everywhere reads my mail writes my bills he is 22 had always lived with me helping me he works
answered on Oct 6, 2016
Meet with an attorney to create documents necessary for your son to act on your behalf.
answered on Feb 10, 2016
There are many rules in the various courts for addressing evaluations. Title 36 Parks, Forests, and Public Property can't be what you are referring to. Are you referring to the federal court rule 35? https://www.law.cornell.edu/rules/frcp/rule_35 that makes more sense.
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.