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Elder Law Questions & Answers
1 Answer | Asked in Elder Law, Estate Planning and Probate for North Carolina on
Q: My brother is POA over my family's finances..is it possible for my brother to change finances to suit him better?

My mother recently had a stroke and things have gotten strange between me and my brother...I asked my mother about the will and she said everything is set in stone and the inheritance will be divided between me and him...but for now things are being paid with our family's finances..which is... Read more »

Amanda Bowden Houser
Amanda Bowden Houser answered on Jul 11, 2020

Whether or not you inherit anything is not your decision nor something you are owed or due or have 'coming to you' or even anything you have a right to at this point. It is your families finances and / or property and as such they are allowed to do with it pretty much anything they want.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Texas on
Q: I need advise on transferring a home deed into my name.

The deed is in my dad name with moms being second. Dad passed in 1980. Mom is 83 and had lived in the home since his passing but never dropped his name from the deed. Dad left no will. Mom has a will with me as POA. How and what do I need to do to get this deed tranfered into my name before she... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jul 8, 2020

The first step would be to transfer your father's 50% community property interest to your mother. At this point, she could do this with an Affidavit of Heirship recorded in the county deed records.

It is not clear that your mother should transfer the home to anyone while she is alive....
Read more »

1 Answer | Asked in Criminal Law, Collections, Elder Law and Probate for Idaho on
Q: I am the administrator of my mother's estate. I recently found out that my brother had been using her cc. What do I do?

I was only recently appointed by the court, so the cc has gone to collections with a balance of $10k+. I have notified the sheriffs dept. I am closing out her final bills, but don't know how to proceed with this one as he continued to charge against the card after her death and they... Read more »

Kevin M Rogers
Kevin M Rogers answered on Jul 6, 2020

Your brother has committed a crime "abuse of the elderly" and because you are the Administrator of the estate, you must act like a cop to catch "over-reaching," "fraud or outright theft" of "estate" property. When your mother died, another legal... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: My mother in law is in a facility and my husband's name is on the statement. Does that mean we are responsible to pay?
Mark Oakley
Mark Oakley answered on Jul 2, 2020

Only if your husband personally signed the facility contract stating he was the one responsible for payment. if he signed as a power of attorney, then no. If he was listed merely as a contact person, no. Take the facility contract that placed her there to a lawyer to review.

2 Answers | Asked in Wrongful Death and Elder Law for California on
Q: Can I bring a lawsuit against family member I feel adided in my fathers death instead of helping
Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "criminal law" issue unless your family member was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his... Read more »

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1 Answer | Asked in Elder Law and Wrongful Death for California on
Q: Would i be able to bring a suit against my step sister who not hiring the proper care for my dying father .

Father had a catheter due to peeing blood

Some kidney problems, she was the only one caregiver contacted ever !

My sister borrowed 6 thousand from my father at that time his care had to reduced from 3 to 2 days . I was unaware of so much I feel she deliberately alienated him... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Sorry for your loss. This is really not a "Family law" issue or "health care" issue unless your SS was a nurse or M.D. This may be an "Elder abuse" situation and it may be a "wrongful death" which is a category of personal injury actions. As his heir, you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for California on
Q: What if I have been renting a bedroom for the last 21 months on a gentleman's agreement from a man just died May 1st

And now his arrogant, mean, hateful ex wife is doing all kinds of illegal things to me. Like changing all the locks to everything and only giving me 1 key to 1 door. And now they've completely locked me out of the garage where all of my electrical and carpentry tools and materials are located?... Read more »

Maurice Mandel II
Maurice Mandel II answered on Jun 29, 2020

Your "gentleman's agreement" is only worth the paper it is written on. However, your LL is not allowed to commit "Forcible Entry" under CCP 1159 or 'Forcible detainer" under CCP 1160. These things include changing locks to exclude you from real property that you... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: Can my elderly mother purchase my home to make it into her primary residence and still qualify for Medicaid?

This will be an arm's length transaction.

Once she purchases my house, all her cash will be converted into home equity. She doesn't own another house. This will be her primary residence.

She currently lives with me so I can look after her. If we make this transaction, will... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 27, 2020

She should record it with the central appraisal district as her homestead and live there at least a month before entering a nursing home and applying.

1 Answer | Asked in Estate Planning, Civil Rights, Elder Law and Legal Malpractice for California on
Q: Is it legal for a public defender to blatantly make the case for the other side?

We contested the personal and financial conservatorship of my mother. During the hearing, our court appointed public defender who spoke to my mother once, without me, totally made the case for the other side. Her speech definitely convinced the judge to grant conservatorship. She did not represent... Read more »

James Edward Berge
James Edward Berge answered on Jun 25, 2020

Your experience is not unusual. It’s not the job of the public defender to contest the conservatorship in all instances, especially if it’s clear to the PD that the need for a conservatorship exists based on personal observation, a review of a doctor’s capacity declaration, interviews with... Read more »

3 Answers | Asked in Estate Planning and Elder Law for Connecticut on
Q: Brother placing mother in AL facility beyond her means and plans to draw down limited assets.

My brother just received POA for my 82 year old mother. We have searched for an assisted living facility and found one that will cater to her needs and income (approx $3,000 per month). He unilaterally decided to place her in a more expensive facility ($4,300 per month) and draw down on her assets... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jun 22, 2020

He probably does have that authority under the POA but he would be well advised to consult an elder law attorney regarding options for paying for your mother's care. Medicare should be paying for her medical bills, most likely, and there are legal ways to accelerate eligibility for Medicaid to... Read more »

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1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: Can a Personal Representative act with the same powers as a Power of Attorney while the will-holder is still alive?

My mother has named me as her PR in her will. She has been deemed unable to make monetary decisions. We must sell her home to pay for assisted living but can't without a POA. We'd like to avoid the costs and time of applying for Guardianship. Will being her PR allow us to handle her... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

NO. First of all, you are not her PR until a court appoints you to act as PR--which can only happen after your mother dies and you file the will to open her estate. A person named or nominated to act as PR in a will has no authority to do anything before the person dies. The PR only acts for the... Read more »

1 Answer | Asked in Elder Law and Probate for New Jersey on
Q: I understand that an executor can take a commission on income made on any asset from date of death to its Sale. True?

Stocks were sold recently and had a gain of over $100,000, for example.

Noel Rivers
Noel Rivers answered on Jun 17, 2020

Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.

1 Answer | Asked in Elder Law for Texas on
Q: Can a POA (her daughter)stop me from visiting my great grandmother,even though I visit her every weekend and I ask her

My great grandmother can not remember much,but I always ask if I can come over and spend the day with her and she says yes,from what iv researched even though her daughter is the POA,that doesn't give her power over visitation.

Hon. Richard W. B. Davis
Hon. Richard W. B. Davis answered on Jun 16, 2020

If it is a standard Statutory Durable Power of Attorney that your great grandmother's daughter has, that would authorize her to deny visitation. Similarly, even is she has a Medical Power of Attorney, that is designed to allow her to make medical decisions on your great grandmother's... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: I fully understand!! Thank you so much!!

I just found this organization today and I appreciate your help. Does this organization set up virtual meetings? Could I make an appointment or would I have to help my boyfriends mother set it up since she is the one who would qualify for services?

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 16, 2020

Individual lawyers set up virtual meetings. Like our courts, many of us are now operating by Zoom. It may be your boyfriend's mother who would want to set up the meeting.

1 Answer | Asked in Elder Law for Texas on
Q: Thank you! So she can apply for Medicaid right now to get help with prescription drug costs?

Or does she only qualify for nursing home costs due to home ownership? And.... would taking a home equity loan to pay for improvements to the house affect social security payments or potential Medicaid benefits?

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 16, 2020

One would have to know the full picture to answer these questions.

1 Answer | Asked in Elder Law for Texas on
Q: Hi, does a Lady Bird Deed allow someone to qualify for medicaid who would not qualify because of home ownership?

My boyfriends mother owns a house in Austin that has drastically increased in value but is currently in great disrepair. I want to figure out how to help her fix her house up to make it more livable and safer for a person in their 70's and help her qualify for Medicaid benefits. She is... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Jun 16, 2020

In Texas a home is not counted in determining eligibility for nursing home Medicaid.

The effect of a Lady Bird Deed is to transfer ownership of the home on death, free of probate and so, in Texas, free of Medicaid estate recovery. A Lady Bird Deed has no effect on ownership or property...
Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: My mother died in a nursing home in RI, her mailing address was mine in MA- she had less than $5000-where is probate?
Lillian J. LaRosa
Lillian J. LaRosa answered on Jun 15, 2020

What was the residence listed on the death certificate? Before she was in the nursing home was she living in RI?

1 Answer | Asked in Estate Planning, Elder Law and Probate for Nevada on
Q: My father is ill and may not live very long.

He is not lucid. Is there a way for my mother (they are married) to get durable power of attorney over him or is there another option? She is looking to refinance her home at a lower interest rate so that she can afford to stay there after he passes.

Delwyn E. Webber
Delwyn E. Webber answered on Jun 12, 2020

Unfortunately as your father is not lucid, he cannot sign a Power of Attorney. Your mom would have to get a guardianship over him through the Court. This all takes time and expense and the Court would have to consent to refinancing the house.

After your dad passes your mom should be able...
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