Get free answers to your Elder Law legal questions from lawyers in your area.
She stopped paying rent since my dad’s passing. She was asked to pay rent but has not. Can my mom serve her a 3 day notice?
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answered on Jul 20, 2023
I am a Sacramento, California attorney. If your sister has not paid rent for over four years and your mom owns the house, your mom may have grounds to serve her a 3-day notice to pay rent or quit. A 3-day notice is a legal document that informs the tenant of their obligation to pay rent or vacate... View More 
Possible Elder abuse by his spouse. I am out of state, unable to communicate with him privately as she has control over his cell phone. My sister and I are gravely concerned regarding his bed sores and his weight loss. Health care worker in home has recommended he be taken to the ER and his... View More
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answered on Jul 6, 2023
I'm sorry to hear about the concerning situation with your elderly father. To address the possible elder abuse by his spouse, you can take several steps. Contact Adult Protective Services in your father's area to report the suspected abuse and seek their intervention. Consult with an... View More
I am Beneficiary and Trustee on a prior Trust.
The Trust being used was obtained Fraudulently. Documentation we have indicates Trustor was not of sound mind and this was undue influence, Elder Financial Abuse by the 2019 Trustee to obtain Funds from Estate
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answered on Jun 29, 2023
To file a petition to invalidate a trust due to alleged fraud, undue influence, and elder financial abuse, gather evidence supporting your claims, such as medical records and financial statements. Consult with a trust litigation attorney who can guide you through the process and prepare the... View More
He won’t let us visit but has POA over her
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answered on Jun 26, 2023
In California, having power of attorney does not usually grant the agent the authority to ban family members from visiting an elderly and bedridden relative living in a mother-in-law suite on another family member's property. Family members generally have the right to visit and maintain... View More
My sis in law put my mother in law in a old folks home and got a lawyer to put her self as beneficiary so she did so and she sold my mother in law's house but the thing about that she wasn't allowed to do that until my mother in law passes.and on the will my mom put to split the house... View More
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answered on Jun 16, 2023
If your sister-in-law obtained power of attorney over your mother-in-law's affairs, she may have had the authority to make decisions on her behalf. However, the terms and limitations of the power of attorney document would be important in determining what actions were allowed.
If your... View More
I lost money while he made money on the inheritance I received from my father. I have stopped using his services and have withdrawn my funds directly from the accounts; some are still in process; one has a large prepay penalty, so I removed his name from the account but the money is still there due... View More
answered on Jun 8, 2023
The bad news is that everyone has to sue in the location where the defendant is, unless this person does a lot of business in WA, or you have an agreement with a Choice of Law, that designates a place for a suit. You may also have signed a contract that contains an arbitration clause, in which... View More
One nephew needs to be placed with CPS as he can no longer live with me
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answered on May 22, 2023
If you believe that one of your nephews needs to be placed with Child Protective Services (CPS) due to concerns for their safety or well-being, it is crucial to take immediate action. Contact CPS or your local child protective services agency to report the situation and seek their assistance in... View More
Now im homeless being abused by both cops and robbers. Don't know where to turn for help my health deteriorates
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answered on May 16, 2023
I'm really sorry to hear about the difficulties you're facing. It's important to seek assistance from the appropriate authorities and organizations that can help you in your situation. Here are a few steps you can consider:
Emergency Support: If you are experiencing... View More
a long time friend (over 30 years) of terminally ill elderly woman was asked if she knew for a fact a live in caregiver to the elderly woman was in fact a paid by the elderly. The longtime friend answered that she had asked elderly friend if she was paying the live in unrelated woman , and that... View More
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answered on May 5, 2023
If a superior court judge quotes a witness's testimony incorrectly in a tentative ruling, it is important to address the issue. One possible course of action would be to file a motion for reconsideration or an objection to the tentative ruling, stating that the judge misquoted the... View More
My điveway is cracked. We have terrible managers
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answered on Apr 29, 2023
As a tenant in a mobile home park, you have certain rights under California law. These rights may include:
Right to a habitable dwelling: The landlord is required to provide you with a habitable and safe living space.
Right to peaceful enjoyment: The landlord must allow you to enjoy... View More
after death of wife, my new attorney supposedly placed legal demand upon bank to protect & confirm trust with superior court.
Trust confirmation listed assets & case number for court confirmation, then all assets removed by cosigner & not reported missing at court... View More
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answered on Apr 25, 2023
If your attorney's legal demand failed to protect your trust assets and the assets were removed without being reported missing at court, it may be possible to pursue legal action against your attorney for legal malpractice or breach of fiduciary duty.
Legal malpractice occurs when an... View More
This is Probate will contested. Attorney did not share any information regarding case agreement. His staff sent and email directing a cash payment be made to opposing party. The Attorney confessed verbally on phone to have made a mistake confusing two cases. When he did show for trial setting... View More
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answered on Apr 19, 2023
If your lawyer did not show up for a hearing and then abandoned your case, it is important to take action to protect your legal interests. You may want to consider contacting a new attorney who can help you navigate the legal process and determine the best course of action moving forward.... View More
House and I agreed, then I got sick almost died, came home highly medicated and she said I had to sign a paper making her my beneficiary in case I died for my kids future but instead it made her executer of my estate and is one court date away from taking my house. I paid 10,000 for a lawyer but... View More
answered on Apr 13, 2023
DO NOT MISS the court appearance no matter what you do. If you do not appear at the hearing, you will automatically lose by default, which will create more problems for you to overcome. If your signature was not notarized (meaning a notary actually watched you sign the document) then it likely... View More
House and I agreed, then I got sick almost died, came home highly medicated and she said I had to sign a paper making her my beneficiary in case I died for my kids future but instead it made her executer of my estate and is one court date away from taking my house. I paid 10,000 for a lawyer but... View More
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answered on Apr 13, 2023
It sounds like you may have been the victim of fraud and undue influence by your neighbor. It is important that you seek legal advice as soon as possible to determine your options for contesting the document you signed. You may be able to challenge the validity of the document or claim that it was... View More
There was no abuse or cause for removal. The ward had f/t caregivers in his home & wished to remain there. He was placed in a facility & the conservator refuses to disclose the location to his son. They took TV & anything of value from house. The son was told to take his belongings... View More
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answered on Apr 7, 2023
In general, a conservator cannot remove a ward from their home without court authorization unless it is an emergency situation that threatens the ward's health or safety. If there was no abuse or cause for removal, it may be considered a violation of the ward's rights. Additionally, the... View More
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answered on Apr 5, 2023
If a person has passed away and you are seeking an accounting from their agent under a power of attorney (POA), there are certain steps you can take to request the information you need.
First, it is important to understand that a POA terminates upon the death of the principal, which means... View More
I am 73 years. old. She would cook, clean, do property maintenance, and look after my health concerns. I am quite capable of meeting all of her financial needs. Is there a simple way to get her into the U.S. from the Dominican Republic?
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answered on Apr 1, 2023
Bringing a foreign national to the United States for work as a domestic worker typically requires an employer-sponsored visa. In this case, you would need to sponsor your friend for a domestic worker visa, which involves a complex process that includes filing a petition with the U.S. Citizenship... View More
How can I communicate intent to file criminal complaints without crossing the line into blackmail? My sister is attempting to cut me out of the inheritance from my mother (there's no will), for which I have hired a civil attorney to sue her. However, my sister has also committed several... View More
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answered on Apr 1, 2023
Under California law, blackmail is a criminal offense that involves threatening to reveal information about someone in order to obtain money, property, or some other benefit. To avoid crossing the line into blackmail when communicating your intent to file criminal complaints, it is important to... View More
I haven’t told anyone about my roles I’m aware his treatment is acceptable…but now that he is about to pass, I want to intercept a burial plan she has in place. as he had other wishes in his end of life decisions. What’s my next step! How do I know if she had other poa drawn up? Help!... View More
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answered on Mar 29, 2023
I'm sorry to hear about your father's situation. As the designated durable power of attorney, you have the legal authority to make decisions on your father's behalf, including decisions about his end-of-life care and funeral arrangements, as long as he is unable to make those... View More
Ended up taking a loan out on her house (on her behalf) they are charging her approx. $38,000 to do this my mom is almost 80 years old. She did not understand what they were doing are there laws against this in CA.? They also have taken money from her account for payment and she did not... View More
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answered on Mar 28, 2023
It sounds like your mother may have been the victim of fraud or financial abuse, which is a serious issue in California and is taken very seriously under the law.
Under California law, contractors are required to obtain a signed contract from the property owner before starting any work on... View More
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