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Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for Nevada on
Q: How can I find out if Medicaid Estate Recovery will file a claim on family estate?

Nevada 1997: Grandma died testate. Her estate worth $6000. She willed it to my disabled mom who'd lived with her as caregiver for 3 yrs before Grandma went into nursing home. Grandma's attorney filed Order to Set Aside, adding that Medicaid Estate Recovery lien for $16k was... Read more »

Dara Joy Goldsmith
Dara Joy Goldsmith answered on Mar 4, 2021

Before filing you could call MERS and inquire if either your grandmother or mother owe MERS money. You would need to then file 2 Petitions for Set Aside, assuming MERS is not owed money or you are going to pay MERS to the property. MERS needs to be noticed in both your grandmother's and... Read more »

2 Answers | Asked in Estate Planning, Elder Law, Identity Theft and Probate for California on
Q: Family member passed away, discovered money was stolen courtesy of the bank. What can we do?

A family member recently passed away while settling affairs we found out a family member was stealing his money by forging checks. What legal recourse do we have based on financial exploitation? He was 64 and disabled and required assistance. The banks informed us of the questionable activity at... Read more »

Bill Sweeney
Bill Sweeney answered on Mar 3, 2021

Presumably, identify theft has occurred. If so, you might find the following web address helpful.

https://oag.ca.gov/idtheft/facts/victim-checklist

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1 Answer | Asked in Elder Law for California on
Q: How do you revoke power of attorney from someone who has abused their power?

If you have an elderly family member who gave his child power of attorney to assist them with their financial affairs and you discover the person who has power of attorney has stolen the elderly family members money. The thief also drew up a will a few years prior. Now that its discovered the... Read more »

Sally Bergman
Sally Bergman answered on Mar 3, 2021

You should contact an elder law attorney to immediately prepare and serve a revocation of the power of attorney. That attorney will also explore a possible financial elder abuse claim. I would not suggest you try to do the new power of attorney yourself as it's not likely the financial... Read more »

1 Answer | Asked in Elder Law for Oregon on
Q: My husband is in a care assisted facility for memory loss he comes in and out so he has a car he loves being stored a

Person drive way.i want to get it home but they don't want to let it go.its a money thing.it is in his name.what are the rules?

Theressa Hollis
Theressa Hollis answered on Mar 2, 2021

If the car is in your husband's name then he is in control of deciding where it should be stored. If your husband signed a Power of Attorney then the person named as Agent could also decide about the car. The only other way to control your husband's assets is to have a Conservator... Read more »

1 Answer | Asked in Elder Law and Landlord - Tenant for Kentucky on
Q: How do i get my daughtert and her family to leave my home. They refuse to pay rent.

My nearly 40 yr old daughter and her family moved in when they were evicted, and it was supposed to be temp. They do not pay rent and have totally trashed our house. We need them out of here as the stress is unbearable. Her husband smirked at us and said we couldnt evict them due to covid. Surely... Read more »

Timothy Denison
Timothy Denison answered on Mar 1, 2021

Covid protections for evictions have expired. You can evict them now most anywhere in Kentucky. Simply go to your district court snd file a petition to evict. Also, if you ever catch them all gone from your home at the same time, simply set their belongings on the curb, change the locks and you... Read more »

1 Answer | Asked in Elder Law for Texas on
Q: My grandpa has COVID & oxygen, he’s living w/ my parents. been to hospital twice. Can they get trouble if he dies @ home

There’s no power of attorney, my parents have bought a funeral for him. He spend a week in the hospital got released and then two days a second time, got released again. Three nurses have come to the house, and they say he has to go through sickness, after the hospital. What will my parents have... Read more »

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 28, 2021

Assuming that the hospital receives Medicare or Medicaid payments, it can only discharge someone in a safe discharge. While it is now less common, many people do die at home. If your grandfather is on hospice, the hospice nurse can sign the death certificate. If not, it must be signed by an M.D.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Kentucky on
Q: Can an elderly person sell their home to family if they are already in nursing home paying privately?

Grandmother wanted to give me home before she had a stroke and had to go to nursing home. Can she still sell me the house from the nursing home? I keep telling her I don't want to get into legal trouble. I am her power of attorney we are paying for her care out of pocket so medicaid is not... Read more »

Timothy Denison
Timothy Denison answered on Feb 26, 2021

Yes, presuming she is in her right mind and still wanting to transfer the house to you. I would NOT use the power of attorney to sign for her if she is of sound mind and can sign herself bc the POA use reeks of undue influence (even if there is none).

2 Answers | Asked in Health Care Law, Personal Injury, Wrongful Death and Elder Law for Texas on
Q: What kind of attorney is best to get my elderly mom proper representation to sue hospitals for the death of father?

My mom has documented and proven facts of wrong doings to support claims that caused my fathers untimely death

Tim Akpinar
Tim Akpinar answered on Feb 23, 2021

A Texas attorney could advise best, but your post remains open for two weeks. I'm very sorry for the loss of your father. You could reach out to med mal-wrongful death attorneys. A law firm that handles one of those categories would likely handle the other in most cases. Since your mom is... Read more »

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1 Answer | Asked in Arbitration / Mediation Law, Family Law and Elder Law for Florida on
Q: Sibling dispute over a widow dad. What paperwork I file in order to be able to get our dad some time of the year?

My dad has 2 daughters from ex and 2 daughters from 1st marriage to my mom. Mom passed away 10yrs ago and he hasn’t remarried. He had a brain aneurysm and is on a wheelchair and can’t speak. He only says my name, aha & no. His other 2 daughters took him out of the nursing home we had him... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

Isn't it obvious? You write that "he doesn’t have an appointed guardian. " So file an application to be appointed guardian.

1 Answer | Asked in Elder Law for Texas on
Q: 82 years old father and whole complex all must move to a shelter for months, is this legal for disabled elders?

they want to do repairs and replace pipes and they have to pack up and move they dont know where just some shelter and a lot have providers that assist them all in panic mode I live in Ohio my father lives in South Texas

Terry Lynn Garrett
Terry Lynn Garrett answered on Feb 22, 2021

From your description it appears that your father lives in a commercial apartment complex, not in a nursing home or a hospital and is perhaps being constructively evicted due to the need to make massive repairs. If he has funds, a shelter is not his only option.

1 Answer | Asked in Elder Law and Estate Planning for Maine on
Q: My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she die

My wife and I live in Maine. My name is not on the deed to our home only hers. Can her family have me removed if she died?

Fred Bopp III
Fred Bopp III answered on Feb 22, 2021

More facts are needed to answer this question, but assuming upon your wife’s death, title to the home will pass to someone other than you, then yes, that person would typically have the right to exclusive possession of the property, which means you could be removed, assuming you do not have an... Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Pennsylvania on
Q: Hello, How do I find the information about the civil lawsuit that was filed last week?
Michael Brevda
Michael Brevda answered on Feb 18, 2021

You can find public access to Pennsylvania’s civil court docket online. You can search by party name to locate either 1) the name of the injured nursing home victim or 2) the legal entity name of the negligent nursing home.

1 Answer | Asked in Estate Planning, Contracts, Elder Law and Probate for California on
Q: I need estate lawyer to help deal with a hospital were my mom passed away

My mother passed away in a hospital. Hospital lost her property and sum of money she brought with her. As compensation they issued me daughter a check that I had problem utilizing. and lost.. It was made out to the estate of <moms name> Now they are giving me replacement check but I'm... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 17, 2021

If your mother’s estate, consisting of that check plus her other assets, is worth less than $166,250, you might be able to collect all of her assets with a small estate affidavit. A probate attorney can help you determine whether your mother’s estate qualifies and, if so, can help you draw up... Read more »

1 Answer | Asked in Civil Rights, Elder Law, Land Use & Zoning and Municipal Law for Massachusetts on
Q: What can I do? My bad neighbor dumped junks (big old larger snow plow and more) to my property 4 days ago.

It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.

Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 17, 2021

Also sounds like a real estate trespass case.

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Q: Sister's attorney knowingly deeded an diagnosed mentally incapacitated aunt's entire estate to his client, is he liable?

Attorney conspired with his client, knowingly accepted $4,000 in checks written by his client directly from their elderly vulnerable victim's embezzled bank account. A financial exploiting, poverty stricken niece hired an attorney to become aunt's POA and assist her in taking deed to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

There may be presumptive fraud if the Attorney In Fact deeded the principal's property to himself, or possibly his client. There are SOL's which you may have breached, and you may not have standing. Hire a competent attorney to examine the facts and title. You may or may not have a case.

1 Answer | Asked in Legal Malpractice, Civil Litigation, Elder Law, Estate Planning and Probate for Louisiana on
Q: Can a Paranoid Schizophrenic with hallucinations, bipolar disorder, etc sign a legal will in Louisiana?
Ellen Cronin Badeaux
Ellen Cronin Badeaux answered on Feb 16, 2021

They can sign it but it can be challenged with proof of that diagnosis.

1 Answer | Asked in Estate Planning and Elder Law for California on
Q: I'll try again. Small, I mean small estate. No family, friends to help me out. I'm alone. I need assistance for closing.

Will a ProBono Attorney, close my Estate after I pass. My total assets are under $14,000.00 year.

Sally Bergman
Sally Bergman answered on Feb 12, 2021

You need to take at least some minimum steps to make sure no estate administration is required. For every bank account, make sure you have designated a pay-on-death beneficiary and make sure that person knows they are the beneficiary. Following your death, that person can bring in a copy of your... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Would a General & Durable POA be what I need?

I am looking for something to have in place to help my mom (who lives in TN) with any financial, health and/or legal issues that may arise in the present and in the future when/if she becomes incapacitated.

Frank J. Steiner
Frank J. Steiner answered on Feb 12, 2021

You will need a duradle power of attorney for legal. You may also need a power of attorney for health care.

1 Answer | Asked in Elder Law, Family Law, Adoption and Animal / Dog Law for Texas on
Q: I’m 18 I got a puppy online and been taking care of it at my grama place I’m going my to my parents but I think there

Planing on giving it away what are my rights?

Teri A. Walter
Teri A. Walter answered on Feb 11, 2021

Sorry, no matter how old you are, your parents get to make the rules about what they will allow in their house. If they don't want the puppy, I suggest you arrange another place to stay. No, they shouldn't give away your property, but if you're living at their house, you're... Read more »

1 Answer | Asked in Criminal Law and Elder Law for Arizona on
Q: Is it more believable that you remember vaguely winning a prize two years ago and not remembering if you filled out tax

Papers or is it more believable that you don't remember any of it

Matthew Maerowitz
Matthew Maerowitz answered on Feb 8, 2021

This is not a legal question. Unfortunately, an attorney won't be able to help with this question as this does not involve any issue requiring legal knowledge.

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