Thomas B. Burton's answer The old Will was likely revoked when they executed the new Will. You can only have one Will at a time, so when you execute a new Will you usually include specific language revoking the old Will. The other way to revoke a Will is by physically destroying it. It is possible your parents shredded or burned the old Will after executing the new Will. In fact, I recommend that my clients destroy their old Wills after executing a new Will in order to avoid any confusion over which Will is valid and to...
Jeffrey Louis Gaffney's answer If you cannot just fire the caregiver,ort if she won't leave and no one in your family will help you, then you can ask the court for help.
A court can grant a Restraining Order for Elder Abuse. You start by asking for a Temporary Restraining Order at the court house, then, if it is granted, it lasts for three weeks until you actually meet the judge so that both parties can explain the situation to the judge; the caregiver will be there too. The judge will then decide whether or not to...
Lauren Nagel Richardson's answer You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to a child who has been the caretaker for a period of time. You should work directly with the guardianship attorney that you have hired to represent you to explore the options under chapter 744, and always petition the...
Anthony Marvin Avery's answer Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.
The exception would occur on ancillary jurisdiction of a will probated in Tennessee. There are many such divorce decrees attempting to order the disposition of real property in other states, but such terms are void for lack of subject matter jurisdiction.
Jeffrey Louis Gaffney's answer It certainly can be elder abuse, but you would have to prove bad faith by the landlord. Is it possible that you don't get your deposit back for legitimate reasons? If the landlord is just a crook, then I am afraid you may just have to sue to get it back.
Try calling the Tenants Rights hotline for help: (888) 495-8020.
The definition of elder financial abuse in California is:
“Financial abuse” Under Cal. Pen. Code 15610.30 – Financial abuse" of an
Terry Lynn Garrett's answer If you sell your home to your daughter, she, not you, will be entitled to the homeowner's exemption. Unless she is 65 or older, the elderly person's exemption will be lost. She could kick you out. She could lose the home to creditors or predators and they could kick you out.
Richard Samuel Price's answer There is a judicial counsel for to petition the court to withdraw funds from a blocked account: Judicial Counsel Form MC-357. You must also file an order to withdraw funds from a blocked account: Judicial Counsel Form MC-358. When you file this petition and order, you can only ask the court to withdraw funds from a blocked account, not any other motions.
Anthony Marvin Avery's answer The Principal of an executed Power of Attorney can revoke it at any time. He can issue a Revocation Document, which can be recorded at the Register of Deeds or it can be given to any important asset administrators such as a Bank or Insurance Company. He can always change the Insurance Designation of Beneficiaries himself. And you can hire an attorney to Petition for Conservatorship.
Terry Lynn Garrett's answer Some people in the early stages of dementia still have legal capacity to contract, the level of legal capacity required to sign a Durable [Financial] Power of Attorney.
However, a Medical Power of Attorney, not a Durable [Financial] Power of Attorney, gives someone the authority to complete a resident's agreement with a skilled nursing facility. It still does not give someone authority to determine residence: only the person herself or a guardian of the person can do that.
Terry Lynn Garrett's answer Few lawyers can guesstimate the difficulty. So much depends on the documents, the witnesses, etc. If you would like to ask a local elder lawyer who litigates elder fraud to discuss the possibilities with you, please use the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).
You should get a copy of the deed and see precisely how it is titled and held. A life estate normally only applies to the person named in it and ends at their death, they cannot pass on an additional life estate normally. Upon review of the deed and the type of deed and how it is drafted, your father may be able to make changes to the deed, his Will or his overall estate plan still. Of course if your dad is seriously ill as you have stated or...
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