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Your current state is Virginia
I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More
answered on Sep 3, 2024
There is no monetary limit on a No Administration Necessary filing. The only requirements are:
1. All heirs must agree to the distribution of the assets of the estate.
2. There are no debts of the estate.
3. If there are debts of the estate all creditors have consented to... View More
answered on Aug 5, 2024
As a general matter, if you want to do it "on the cheap" at minimum cost, you could visit a stationary store near a courthouse that sells standard legal forms, you could find legal forms online, or you could use one of the do-it-yourself services.
Most law firms are equipped to... View More
Unknown to me, she recently took out a reverse mortgage . In May at her request I sent her $500 to pay her water bill as they had been without water for 2 weeks. According to her " roommate" who helped her obtain the reverse mortgage the previous $6000 payment was used to "fix things... View More
answered on Jul 29, 2024
An Alabama elder law attorney should advise here, but your question remains open for three weeks. It sounds like you've already been exploring viable options, like the power of attorney you mention. A guardianship might be something for you to consider - before she jeopardizes her financial... View More
False allegations used to obtain emergency restraining order to remove self from property by Law enforcement thru the court. Then false witnesses were produced along with false testimony and video evidence was erased of time and place allegation were made of by the complainants son and also... View More
answered on Jul 24, 2024
I'm sorry to hear about the distressing situation you're facing. In California, if you have been falsely accused of elder abuse and have been cleared in the restraining order case, you have several options to consider. First, you might want to gather all evidence that supports your... View More
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.
I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents... View More
answered on Jul 22, 2024
I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have... View More
I've been harassed by women using megaphones to insult me on my street, breaking into my house while I'm gone or asleep. There's been theft, vandalism, identity theft, assault, harrassement, utility theft, and someone has put some kind of two way audio setup so that they can talk to... View More
answered on Jul 20, 2024
Dealing with harassment and lack of police support can be incredibly frustrating and frightening. In your situation, gathering as much evidence as possible is crucial. Document every incident in detail, including dates, times, and descriptions of the events. Photographs, videos, and audio... View More
65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain
answered on Jul 12, 2024
Typically, it is difficult to maintain an action for medical malpractice due to a patient's inability to schedule an appointment. In a true medical emergency, the patient should go to a local emergency room or call 911 for paramedics to assess and transport the patient to a hospital. It is... View More
65 yr old man has open 8” wound at base of skull, due to Lyme disease w/ zero doctors and Johns Hopkins fail to address by not returning calls for follow up appt, life threatening worsening of this over several years and attempts to minimally address pain
answered on Jul 23, 2024
You could reach out to attorneys to try to arrange a free initial consult. For the matter of neglect, it does not sound like the hospitals or doctors were designated in a role of caretaker or similar capacity. The problem in such a phone setting that transpires over a course of years is that there... View More
Sold our moms home and pocketed all the money. Now our mom no longer had a place to live.
answered on Jul 12, 2024
The only way your sister could sell a home that belongs to your mother is with your mom's permission using a power of attorney or if your sister has been appointed by the court as your mother's guardian.
If your sister sold the home with your mom's permission using a power of... View More
my mother was on 2 pages of drugs and clearly not able to know what was going on. They took her through the bank drive thru and got added on to her account. The next day took my name off and added theirs and then took out money until it was gone. I got all the bank receipts; I am the executor of... View More
answered on Jul 11, 2024
You've done the right thing and all you can for now. Let the police investigate, which could lead to criminal charges on the caregivers. What your mother wished to happen with the money is not relevant - even assuming you have some proof of those wishes (e.g., a will).
so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More
answered on Jul 2, 2024
I understand your frustration with this complex situation. Let me break down the issues and provide some general information that may help clarify things:
1. Insurance coverage vs. settlement:
Even if the other driver's insurance covers your medical bills, your settlement may... View More
so I have a settlement check coming, the law firm told me that the driver that hit me, has insurance that covers all bills, yet I been told by my law firm, that I have to pay $5000 out of my settlement check. Why if the law firm told me that all insurance bills where paid? Also I have $3500... View More
answered on Jul 10, 2024
I'm sorry for your ordeal. Unfortunately, one would need to review your file to offer a definitive answer. Yes, you are partially correct in the insurance company paying the bills. But if you had an IME (independent medical exam) and were cut off by the carrier, but continued to treat,... View More
The restoration company led us to believe that our insurance policy included coverage for damages. We called our insurance co and a plumber when we noted the leak. Insurance co. was there within hrs. and asked to see insurance policy. He began quoting dollar figures that we would be compensated... View More
answered on Jul 1, 2024
This is a complex situation that involves multiple areas of law, including insurance, contract, and potentially elder law. Here's a breakdown of the key issues and some potential steps you might consider:
1. Insurance Claim Denial:
- Review your insurance policy carefully to... View More
Believe this was because I always question their accusation and this is a form of retaliation. I have been served notice of foreclosure due to non payment of fines and lawyers fee. How can I protect my right as homeowner and a senior citizen of 77 years old, living alone on SSI. I have lived in... View More
answered on Jun 29, 2024
This is a difficult and stressful situation you're facing. As a senior citizen on a fixed income, dealing with potential foreclosure is especially concerning. Here are some steps you may want to consider:
1. Review your HOA's governing documents and bylaws to ensure they followed... View More
executor of my clients will or trust. Her current attorney and this person will not share this info with my resident or myself. Her DPOA have been revoked however she is stating she has control oh my residents trust or will and get everything. What can I do?
answered on Jun 29, 2024
This situation involves potential financial abuse of a vulnerable adult in assisted living, which is a serious concern. Here are some steps you can consider taking:
1. Report suspected abuse: Contact your local Adult Protective Services (APS) office to report the suspected financial abuse.... View More
In exchange, they get . 75% of my Social Security income. I developed mental problems in 2023 which were later diagnosed as vascular dementia due to bleeding in my brain. To make a long story shorter, I was plopped in Clearwater at Glendora, where I have lived for slightly over a year. There is... View More
answered on Jun 29, 2024
Thank you for sharing your situation. This is a complex legal matter involving elder law, contracts, and medical issues. Here's an overview of the key points and some general guidance:
1. Breaking the covenant:
To break the agreement with Masonic Homes, you'll likely need... View More
Finances and abusing my mother mentally and physically. I have contacted adult protective services with no action taken. I'm at a loss of whatcto do but something must be done
answered on Jun 26, 2024
This is a serious and concerning situation. Here are some steps you might consider taking:
1. Document everything: Keep detailed records of any suspected abuse, including dates, times, and specific incidents.
2. Gather evidence: Collect any financial records, medical reports, or... View More
How can one revoke the granting of a power of attorney in which four out of five children did not participate when at the time of granting the power of attorney the principal presented symptoms of dementia and after one year the diagnosis has been Mild Cognitive Impairment (MCI)?
answered on Jun 21, 2024
The maker of the power of attorney can revoke the power of attorney at any time by signing a revocation of the power of attorney and notifying the agent and all relevant parties. In some circumstances, it may be advisable to record the revocation in all relevant counties. The maker should also... View More
She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?
answered on Jun 13, 2024
In Florida, the answer is: Yes.
If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).
For non-real estate/non-retirement assets (such as a car) which are already... View More
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