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Rhode Island Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Rhode Island on
Q: Can a joint owner of a bank account be the financial Power of Attorney of the other joint owner?

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?

R.J. Connelly III
R.J. Connelly III 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

1 Answer | Asked in Elder Law for Rhode Island on
Q: Are there any situations when a home in an irrevocable trust doesn't get a step up in basis when the grantor dies?

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,

R.J. Connelly III
R.J. Connelly III 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.

1 Answer | Asked in Banking, Civil Rights, Elder Law and Identity Theft for Rhode Island on
Q: Foreclosure,check fraud,SNAP fraud,credit cards open.Family member took advantage of grandmother. She's out 25,000+HELP

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... Read more »

Neville Bedford
Neville Bedford answered on Jan 20, 2022 is a good place for you to start to seek help for your elderly relative. Good luck to both of you.

1 Answer | Asked in Estate Planning and Elder Law for Rhode Island on
Q: My husband is trustee/executor of his dad's trust. He has two siblings, each of them entitled to 1/3 of the trust.

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... Read more »

Neville Bedford
Neville Bedford 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... Read more »

1 Answer | Asked in Employment Law and Elder Law for Rhode Island on
Q: How do I challenge a DPOA & amended trust that my sibling coerced my mom into signing?

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... Read more »

Neville Bedford
Neville Bedford 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.

1 Answer | Asked in Criminal Law and Elder Law for Rhode Island on
Q: My attorney has ignored my emails,phone calls, even 2 certified letters for 2 yrs now. 6+ yr case, what do I do?

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... Read more »

T. J. Jesky
T. J. Jesky 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... Read more »

1 Answer | Asked in Civil Rights, Estate Planning, Family Law and Elder Law for Rhode Island on
Q: A friend of mine would like to change her guardian, who just sold her house and car without asking her. Can she change?

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... Read more »

Neville Bedford
Neville Bedford answered on Nov 27, 2017

Your friend would do well to meet with an attorney practicing probate and guardian law.

1 Answer | Asked in Elder Law and Real Estate Law for Rhode Island on
Q: With A Reverse Mortgage, does the" home owner/ occupant " have the right to re-purchase or sell the home?
Neville Bedford
Neville Bedford answered on May 3, 2017

They should read that contract they signed to get the money.

1 Answer | Asked in Contracts, Elder Law and Estate Planning for Rhode Island on
Q: What do I have to do to get a legal document stating my son is my caregiver we do not want yo get paid for it

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

Neville Bedford
Neville Bedford answered on Oct 6, 2016

Meet with an attorney to create documents necessary for your son to act on your behalf.

1 Answer | Asked in Elder Law for Rhode Island on
Q: is there a title 36 in rhode island, for a mentally ill adult for evaluation ordered by the courts?
Neville Bedford
Neville Bedford 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? that makes more sense.

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