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Washington Elder Law Questions & Answers
0 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Washington on
Q: 47 year old stepmother selling a house in Parent's revocable trust. Can she transfer title & assume assets in process?

My mother died almost 3 years ago. My 80 year old Dad had a 47 year old woman move in promising 'care' and a fun future. The now stepmother (married 6 months ago) is selling house in Parent's revocable trust with parents' trust with names as owners. Can she change the trust or... View More

Q: Disabled person selling a house to move oversea - consequences?

My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More

James L. Arrasmith
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answered on Mar 29, 2024

Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More

1 Answer | Asked in Elder Law for Washington on
Q: my stepdad has sold the family home and abandoned his disabled wife lied to me tricked me now i have to pay for her

he lied we had a agreement and now he is withholding the funds he said he would give me for her care

T. Augustus Claus
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answered on Jul 7, 2023

if your stepdad made a promise to provide funds for the care of his disabled wife and is now refusing to fulfill that agreement, you may have legal options such as pursuing a breach of contract claim or seeking a resolution through mediation or negotiation.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Washington on
Q: Can my mom lose her home to medicaid if she gifts it to her minor grandchild before apply for assisted living or HH?

My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?

Thank... View More

Keith Armstrong
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Keith Armstrong
answered on Apr 12, 2023

More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5... View More

1 Answer | Asked in Elder Law, Small Claims, Real Estate Law and Construction Law for Washington on
Q: Under which Washington State laws can I sue my neighbor for building his fence onto my property?

The neighbor denied wrongdoing and blames his contractor. I hired a Surveyor to prove the fence was on my property and now I want to get him to pay for it.

Anthony M. Avery
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answered on Mar 28, 2023

You will need to hire an attorney to file a Boundary Dispute. If you do not, then you will acquiesce to the new fence line as the boundary between the two adjacent properties despite the two legal descriptions. I doubt that you will be awarded any money, but you risk losing land.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Washington on
Q: My Grandma has been living in assisted living. She fell and broke ribs and no one took her to the hospital for 5 days

My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be... View More

Michael Brevda
Michael Brevda
answered on Apr 29, 2022

I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part.... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: A will was drawn up by an attorney who allowed a felon to be an executor Is he liable ?
Theodore David Vicknair Sr.
Theodore David Vicknair Sr.
answered on Aug 3, 2021

Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.

On another note, many states have a statute that...
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1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: In WA, What do I file to take immediate control of father's estate?

My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... View More

Brent Bowden
Brent Bowden
answered on Aug 29, 2019

The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.

The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be...
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1 Answer | Asked in Elder Law and Probate for Washington on
Q: POA QUESTION. IS IT LEGAL. SEE INFO

My uncle with POA over my father moved my dad to nursing home and removed over 100k worth of equipment from my dads home and sold it. I am the sole beneficiary of the estate. We now have buy new equipment to take care of the property. POA told us that it was for his medical care. Money was never... View More

Nina Whitehurst
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answered on Aug 23, 2019

Fro your side of the story it does appear that your uncle misappropriated funds. The law does provide legal remedies for those aggrieved by such behavior. You will need to fire an attorney and most likely pay a hefty retainer. If your uncle is collectible and sufficient dollars gone missing are... View More

1 Answer | Asked in Estate Planning, Elder Law and Probate for Washington on
Q: Can. POA take cars, tractors etc from my fathers home and keep for himself. I’m the sole beneficiary of the estate. 100k
Nina Whitehurst
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answered on Aug 23, 2019

No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a... View More

1 Answer | Asked in Elder Law and Probate for Washington on
Q: Does POA have power to limit the time I could spend with my father to 30 minutes a day

This was not done for medical reasons.

Nina Whitehurst
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answered on Aug 23, 2019

No. A financial power of attorney does not confer that kind of authority on the attorney in fact, but there is not way to say with 100% certainty without reviewing the POA.

1 Answer | Asked in Family Law, Real Estate Law, Civil Litigation and Elder Law for Washington on
Q: We moved to my mothers farm. She was going to deed it to us so we could put a house on it and she live with us.

I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.

My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to... View More

Ali Shahrestani,
Ali Shahrestani,
answered on Jan 10, 2019

There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... View More

1 Answer | Asked in Real Estate Law and Elder Law for Washington on
Q: Is my elderly mom required to pay for items that were changed or added after the closing of the sale of her condo?

My elderly mom sold her condo last year, which closed on Sept. 10. After closing, the HOA president put in a new garage door unit, which was not requested by the new owner. The garage door was functioning just fine upon move out. But now the HOA is coming after my mom for $500+ for the cost of... View More

Vincent Gallo
Vincent Gallo
answered on Mar 24, 2018

How about you just don’t pay them?

1 Answer | Asked in Estate Planning and Elder Law for Washington on
Q: We live in WA and would like to add adult children to two mortgaged homes. We live in one home. Do we need a Life Estate

We are in our late sixties and our estate consists of the equity in our mortgaged homes and life insurance to be divided between three children. Our daughter and granddaughter live in one home and we live in the other. Our goal is to avoid probate and while we plan to age at home, doing this may... View More

Inna Fershteyn
Inna Fershteyn
answered on Aug 26, 2017

You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).

The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and...
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1 Answer | Asked in Car Accidents, Elder Law and Wrongful Death for Washington on
Q: If a person is on aricept and they get into a car accident - what are the concerns with lawsuits?

Not sure if there is a dementia diagnosis or not - insurance will cover but can the other party sue the driver/family and take everything? What is the history of lawsuits in this regard? Reviewing NC DMV website - MD has not reported to DMV any concerns about this person.

Peter N. Munsing
Peter N. Munsing
answered on Apr 4, 2017

The driver and his doctor may have exposure if the person is a danger. If they are, the family have a moral duty to reign them in.

As far as assets, it depends on the state, if there's a spouse, etc. Can the person be sued?Any person can. Best protection is get a large policy. the...
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