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Elder Law Questions & Answers
1 Answer | Asked in Child Custody, Child Support, Elder Law, Juvenile Law and Family Law for California on
Q: My two nephews live with me and I’d like to file a child support case against both parents and have one nephew removed

One nephew needs to be placed with CPS as he can no longer live with me

James L. Arrasmith
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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... Read more »

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Texas on
Q: My brother has taken mom to another county. She has slight dementia. How can I get her back. Welfare check NOT work.

My 2 brothers are colluding to sell mom's house from under her & take her money. They've taken her to nearby county. They lie to her & she doesn't realize what they're doing. How can I get her back to her own home? Police/welfare check NOT WORK.

Already tried... Read more »

John Michael Frick
John Michael Frick
answered on May 19, 2023

Go to where she is, pick her up, and give her a ride back to her house. Then either stay with her or hire someone to check on her daily to make sure she is able to properly care for herself in her own home.

Without her signature or her permission via a power of attorney, your two...
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2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: My daughter was put on my homestead deed. I paid for home and propertry in full. She is now threatening to take it fro

from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.

Phillip William Gunthert
Phillip William Gunthert
answered on May 19, 2023

Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... Read more »

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2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: My daughter was put on my homestead deed. I paid for home and propertry in full. She is now threatening to take it fro

from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.

James Clifton
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James Clifton
answered on May 19, 2023

I just wanted to add a couple of thoughts in addition to the above answer. If your agreement with your daughter is in writing and she owns the property solely in her name, you may have enforceable rights that would prevent her from excluding you from the property. If it is an oral agreement, your... Read more »

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Illinois on
Q: Can my sister keep all my mom's money from her

My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... Read more »

Bryan R. Bagdady
Bryan R. Bagdady
answered on May 17, 2023

Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law, Elder Law and Personal Injury for California on
Q: Not registering your private auto/ homestead allow police impounding it. Causing elder abuse to a disabled senior.

Now im homeless being abused by both cops and robbers. Don't know where to turn for help my health deteriorates

James L. Arrasmith
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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...
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2 Answers | Asked in Elder Law, Probate and Estate Planning for Georgia on
Q: How do I prove an executor is stealing from the estate?

I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... Read more »

James Clifton
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James Clifton
answered on May 14, 2023

You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... Read more »

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1 Answer | Asked in Civil Litigation, Elder Law and Probate for California on
Q: What should you do if a superior court judge, quotes a witnesses testimony incorrectly in his tenative ruling

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... Read more »

James L. Arrasmith
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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... Read more »

2 Answers | Asked in Elder Law and Public Benefits for Ohio on
Q: Medicaid question.92 year old father in rehab/nursing home will need to go next to long-term care. His income qualifies

him for Medicaid. His home has been a mobile home. Its fair market value is $7400 and that is his only physical asset. If he applies for Medicaid now and is accepted, as soon as we sell the trailer, his assets will be above $2000 which makes him ineligible for Medicaid until he spends down the... Read more »

Moshe Toron Esq
Moshe Toron Esq
answered on May 3, 2023

It can work out either way. If you are able to find items to spend on now, before he needs Medicaid, then that is a good option. The main thing is to sell it for the proper blue-book value and spend the funds down before he needs Medicaid.

Or you can get qualified for Medicaid first. Then,...
Read more »

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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for Texas on
Q: Texas - Medical Power Attorney The standard form has main agent and 2 more agents. Is OK and Legal to add 3rd agent?
Hunter Reed Sargent
Hunter Reed Sargent
answered on May 3, 2023

enerally acceptable to modify the form to include an additional agent, as long as the modifications are clear and consistent with the rest of the document. Keep in mind that it's essential to ensure that the additional agent is added in a manner that clearly outlines their role and authority,... Read more »

1 Answer | Asked in Elder Law and Landlord - Tenant for California on
Q: I live in a mobile home park. What are my rights.?

My điveway is cracked. We have terrible managers

James L. Arrasmith
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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...
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1 Answer | Asked in Elder Law and Estate Planning for California on
Q: after legal demand upon bank, my new attorney's demand failed to protect trust assets for court confirmation

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... Read more »

James L. Arrasmith
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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...
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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2023

If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.

If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would...
Read more »

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... Read more »

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."

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2 Answers | Asked in Family Law, Elder Law, Legal Malpractice and Probate for California on
Q: Lawyer did not show for hearing to go to trial, abandoned case 2 mo to get file new cause hearing May 11 what to do ?

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... Read more »

James L. Arrasmith
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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.... Read more »

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1 Answer | Asked in Banking, Elder Law, Health Care Law and Estate Planning for Texas on
Q: My brother is in control of my trusts. Power of attorney over my bank account. How do I get rid of power of attorney?

He is angry at me and has denied me funds. Also has been able to get information from my health insurance company, Aetna. Found out his address is listed on my bank and insurance information to be sent to him.

John Michael Frick
John Michael Frick
answered on Apr 18, 2023

You have two issues.

First, you say your brother is in control of “your” trusts. I assume you do not mean that you are the settlor of certain trusts, but rather that you are the beneficiary of certain trusts and your brother is the trustee.

You can have your brother removed as...
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3 Answers | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for California on
Q: My neighbor of 10years knew my financial struggles and problem with code enforcement and offered me 100,000 to buy my

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... Read more »

Julie King
Julie King
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... Read more »

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3 Answers | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for California on
Q: My neighbor of 10years knew my financial struggles and problem with code enforcement and offered me 100,000 to buy my

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... Read more »

James L. Arrasmith
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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... Read more »

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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... Read 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... Read more »

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