Elder Law Questions & Answers

Q: Do I need an elder law attorney if I already have an estate planning one?

3 Answers | Asked in Elder Law for Florida on
Answered on Nov 17, 2017

I've written two articles about this very issue. Copy and paste the links below:

https://www.elderneedslaw.com/blog/estate-planning-attorney-vs-medicaid-planning-attorney

https://www.elderneedslaw.com/blog/how-an-elder-law-attorney-is-similar-to-an-estate-planning-attorney

Essentially, there is some overlap, but elder Law attorneys focus more on protecting assets against long term care costs (Medicaid planning) - this maximizes our client's quality of life as much as...
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Q: How do I defend my properties, assets, and estate from being taken away by Medi-Cal when I die?

1 Answer | Asked in Elder Law for Texas on
Answered on Nov 17, 2017

Medi-Cal applies to California. You posted under Texas. In any event, situations vary. Consult an elder law attorney about yours. You can find one near you by using the Find a Lawyer function at the website of the National Academy of Elder Law Attorneys (www.naela.org)
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Q: How can I get power of Attorney for my ex husband after his stroke? He doesn't understand & can not write

2 Answers | Asked in Estate Planning, Elder Law and Probate for California on
Answered on Nov 16, 2017

If he is not capable of consenting to a power of attorney, you can not get one. A conservatorship may be appropriate. The court can appoint someone to handle the affairs for someone who cannot do so themselves.
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Q: How do I subpoena bank records of a defendant who was on an account of my deceased mother ? I am a plaintiff in pro per

1 Answer | Asked in Civil Litigation and Elder Law for California on
Answered on Nov 16, 2017

If you are looking for records other than the account you know about, you will have to serve discovery on the defendant to find out what institutions and accounts to go after. Then, you will have to have the court clerk issue subpoenas. Then, you will have to serve "Notice to Consumer" on the defendant/attorney. You really should not be doing this in pro per. These cases allow for attorney fees, and many attorneys take on these cases on contingency.
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Q: The trust my sister produced 6 years after mom's death gives her executership and sole decretion on how to invest and di

1 Answer | Asked in Estate Planning, Elder Law and Probate for California on
Answered on Nov 15, 2017

I would recommend that you speak with a lawyer right away. Only an attorney can give you a clear understanding of your rights and responsibilities under the Trust.

As a instant matter, as Trustee (and I am assuming that you got your terms mixed up, as Trustee and Executor are two different positions), your sister was requires to provide you yearly accounting and report, as well as provide a particular notice when she took over the position as Trustee. As she did not, you have some...
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Q: I'm living with my daughter and family for over 2 yrs I paid 300 monthly can she just tell me to leave

1 Answer | Asked in Elder Law and Landlord - Tenant for North Carolina on
Answered on Nov 13, 2017

Who owns that house? You can only invoke your rights when you are a lessee or owner of that house. In absence thereof, suggest you to change your address....
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Q: Bro did'nt answer docs calls over 6 months. Dad is elder under bro's care. Dad diagnosed with cancer. Is it neglect?

2 Answers | Asked in Criminal Law, Family Law, Elder Law and Health Care Law for California on
Answered on Nov 11, 2017

Your brother's failures certainly do sound like neglect and likely should be reported to Adult Protective Services. That said, there are a lot of questions that would need to be answered. Was the elder not able to receive any of the messages? Did the doctor ever send a letter? I would think that under these circumstances, there should have been more effort than 5 messages over a period of six months. Also, if the physician knew the patient wasn't able to personally respond and that your...
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Q: Schedule A of a trust is blank. As sole beneficiary, successor trustee and spouse, how will assets be dispersed?

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Answered on Nov 10, 2017

A contest is certainly possible since there are NO assumptions. Based on what you have said, I suspect a contest is indeed likely. This is unfortunately a common problem with some " do-it -yourself" trust/estate planning documents: the documents get signed, but the transfers to be made to the trust never get properly completed. It sounds like the trust was never "funded"- if the trust hold no property, then there is nothing for the trustee or substitute trustee to distribute. I doubt if the...
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Q: Hello! I didn't explain in detail my last question. My house is set up in a real Estate trust, and their is an executor

1 Answer | Asked in Estate Planning, Elder Law and Probate for Massachusetts on
Answered on Nov 8, 2017

You can file a Removal Petition and Request to be appointed successor and also file an Equity complaint which would include the Trustee and the Foreclosing bank explaining to the Court that the Trustee should be ordered to pay the mortgage or act to sell so as not to loose the corpus. These are complex matters with expense involved for filing and proceeding and you should do your best to hire counsel.
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Q: Hi! My gramps passed away a year ago, and in his trust, he put me down as the beneficiary for the home I live in. The

1 Answer | Asked in Elder Law and Estate Planning for Massachusetts on
Answered on Nov 8, 2017

Hi, why do you need an executor when you have a trust? Trust governs distribution of the house of house is part of the trust.

You need an attorney to review the trust document. I suggest you get a phone consultation at least. Feel free to call my office.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859...
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Q: My sister does whatever she wants because she is POA yet my mother, who has dimentia, is still alive can I stop her?

2 Answers | Asked in Estate Planning and Elder Law for New York on
Answered on Nov 5, 2017

The POA works unless it is revoked. However, if your sister is misusing it there are some actions you can take.

Is there a healthcare proxy as well? Feel free to contact me Monday and we can discuss.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 1123

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com
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Q: My mom wants to sign over her house to me & then she will come to live with me. Will I have to pay capital gains

1 Answer | Asked in Estate Planning, Elder Law and Tax Law for Maryland on
Answered on Nov 1, 2017

Capital gain is calculated and paid when a home is sold for profit, not when it is transferred without consideration. To figure out your potential capital gains liability you would need to talk to an accountant or tax professional and know the basis in the property and the anticipated future sale price.

Note that if property is transferred as a result of someone's death (whether by an enhanced life estate deed or through a Will) the inheriting party gets a "stepped up" basis which...
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Q: Hi my questions are regarding pc368d felony charge my boyfriends facing. Is there any way I can help him before trial.

1 Answer | Asked in Criminal Law and Elder Law for California on
Answered on Nov 1, 2017

the crime is elder abuse and without all the facts there is no way of advising you other than to say you should work with his lawyer.

if he can not afford a lawyer one would be appointed at the arraignment. He would ask for a public defender.

write out a detailed summary of the facts to share with the PD...........they have lots of case so it makes sense explain in detail with a summary rather than have the lawyer play secretary and take more time.
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Q: My Grandmother with Alzheimer's can no longer care for our elderly family dog. Can I bring her to live with me?

1 Answer | Asked in Family Law, Animal / Dog Law, Elder Law and Small Claims for California on
Answered on Oct 30, 2017

I assume that someone has power of attorney for your grandmother with regard to decisions regarding her property, or perhaps a conservatorship has been established. Whomever has been given those decision making responsibilities can decide what happens with your grandmother's property, including the dog. If there is no one in that position, then a conservatorship should be established so that someone with legal authority can make decisions about the property and dog.
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Q: How does one find out who has power of attorney for another person?

1 Answer | Asked in Real Estate Law, Elder Law and Estate Planning for Florida on
Answered on Oct 30, 2017

Typically a power of attorney is not recorded within any public data base. The POA can be recorded if desired, but often is not. Sorry, but no way to find out that I am aware of.

Good luck,
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Q: Only child/Executor of parents' estate. Aunt offers to pay for an executor atty for my mom. How do I get her to cease

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for District of Columbia on
Answered on Oct 28, 2017

If you are the sole beneficiary in the Will, you might be able to handle it, but a legal consult can’t hurt. Sometimes, having a lawyer as PR is a wise choice, and lawyers can’t charge twice for their roles as PR and counsel. But, if you are worried about undue influence from your Aunt, it might be wise to consult a lawyer now.
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Q: My brother is convincing my senile mom to change her will so he gets more out of it. What can I do to stop him?

2 Answers | Asked in Elder Law for Florida on
Answered on Oct 27, 2017

First consult with an attorney in your area who handles undue influence cases to get a background on what it looks like. If that is occurring here, then work with that attorney to address it. Also, if your mom is potentially incompetent, you may need to look into a guardianship action.

Go get counsel asap.
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Q: We have a situation where the 92 year old father is incompetent. He is being manipulated by a woman that has worked for

1 Answer | Asked in Civil Litigation and Elder Law for California on
Answered on Oct 27, 2017

Your son needs a civil litigator who is familiar with probate and trust law, or a probate and trust attorney who also actively litigates (as opposed to just estate planning or administration). The issues of competence and elder abuse must be examined, and can be complex.
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Q: Is it legal to make a nursing home resident sleep on a mattress on the floor?

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Answered on Oct 25, 2017

The standard is not legal or illegal. It is reasonable under the circumstances. Obviously the appearance of a mattress on the floor is not good. It sounds as though the reason was to prevent injuries due to falling. You should have a discussion further with the nursing home about other alternatives short of a mattress in the floor.

Good luck.
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Q: Cared4 Grandma & Down Syndrome Uncle.Grandma passed.Aunts took Uncle,want house. Its willed2 me When uncle dies.what now

1 Answer | Asked in Real Estate Law, Family Law, Elder Law and Probate for New Mexico on
Answered on Oct 24, 2017

It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859

www.BrooklynTrustandWill.com
View Details »

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