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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for New Mexico on
Q: My father is being financially exploited and is experiencing undue influence from my I brother and son how can I stop it

My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More

Nina Whitehurst
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answered on Dec 19, 2024

You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More

2 Answers | Asked in Estate Planning and Elder Law for Indiana on
Q: Are there any significant disadvantages to having a TOD (transfer on death) agreement for one's brokerage accounts?
Nina Whitehurst
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answered on Dec 15, 2024

Transfer on death designations can work well when everyone dies in the correct order. Unfortunately, that does not always happen. If a TOD beneficiary dies before the account holder passes, it can sometimes be unclear what happens next. If you have named a contingent beneficiary and that person... View More

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2 Answers | Asked in Estate Planning, Civil Rights, Elder Law and Energy, Oil and Gas for Texas on
Q: Can my husbands estate be distributed without letting me know? The company has been in touch with me for other things.

I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More

John Michael Frick
John Michael Frick
answered on Dec 5, 2024

As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You... View More

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2 Answers | Asked in Estate Planning and Elder Law for Texas on
Q: How can my 85 year old dad reverse a lady bird deed?

My dad is ill. My mom has dementia. At my sister's urging, he put his home in a lady bird deed, but now wants to remove it from that deed. He also needs help in appointing someone to take over the estate in case he dies. How can he go about it and does he need an attorney or can he print out... View More

Ronald Lee Baranski Jr
Ronald Lee Baranski Jr
answered on Dec 3, 2024

Generally a ladybird deed in Texas can be revoked by the Grantor (your dad). The revocation would need to be signed in front of a notary and then recorded with the County Clerk where the property is located. I'm not certain about whether there are forms on the internet. I would recommend you... View More

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2 Answers | Asked in Elder Law and Personal Injury for Louisiana on
Q: What about mental stress, emotional stress, abuse of the elderly, trapped inside my home due to flooding of St drainages

Trapped inside my home after rain due to street drainage being clogged up and Mayor doesn't want to do ANYTHING about that. When my wheels on my electric chair gets wet I can't use my ramp cause I spin my wheels and I slide all over the place. City Drainage Problems !!!

Tim Akpinar
Tim Akpinar
answered on Nov 25, 2024

A Louisiana attorney could advise best, but your question remains open for two weeks. I'm sorry for your ordeal. What you describe sounds like it would be a difficult case, not to diminish what you must have gone through. But many municipalities enjoy certain immunities from such settings, as... View More

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1 Answer | Asked in Estate Planning, Securities Law and Elder Law for New York on
Q: What do I do if Fidelity Investments refuses to give my mother her money, and refused my power of Attorney?

Mom had a stroke a year ago and hasn't gotten better. We are trying to buy a house so that I can take care of her when the time comes... Fidelity has accused me of Elder Abuse and trying to steal her assets etc even tho my mom was the one who told fidelity what her wishes were. They are rude... View More

Damien Matthew Bosco
Damien Matthew Bosco
answered on Nov 25, 2024

I'm sorry you're going through this difficult situation. If you haven't already, ask Fidelity to document their concerns in writing and provide the specific reasons for refusing to honor your POA or give your mother access to her funds. It may be because they believe your mother... View More

1 Answer | Asked in Elder Law and Small Claims for Tennessee on
Q: Can you take a hospital to small claims court for a missing wedding ring?

My 78 year old husband was taken to the ER for Suicidal Ideation caused by his memory issues. They took his clothes , credit cards phone and wedding ring. They did an inventory. He was transferred to a psych hospital. When he checked out of the psych hospital the gave him his clothes, phone and... View More

Anthony M. Avery
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answered on Nov 8, 2024

If the ring was worth alot of money you can sue for conversion in General Sessions Court. You will need an attorney, witnesses to the ring's turnover and coming up missing, and its value. Name of hospital and its registered agent will have to be determined. Adding a suspected nurse as a... View More

1 Answer | Asked in Family Law and Elder Law for Puerto Rico on
Q: How is the compensation of elderly caregivers or tutor established?

My brother is currently taking care of my elderly disabled father in PR and is requesting to be paid an unafordable amount in order to do so.

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Nov 4, 2024

The rule of law in Puerto Rico establishes a maximum of 10% of the elderly unfit's bank accounts, subject to assignment by the court. In order to claim compensation, your brother must demostrate that taking care of your elderly father has caused your brother financial loss, such as not being... View More

4 Answers | Asked in Elder Law and Personal Injury for California on
Q: Needle was left in my arm after MRI service, got home seen it had to remove the needle myself
Michael J. Mandelbrot
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answered on Nov 5, 2024

Hi - without any residual damages, there is presumably no medical malpractice case. In any lawsuit, there has to be damages. While it sounds like the medical attendant made an error, without any damages (and a possible risk), this would not rise to the level of a case an attorney would consider. If... View More

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4 Answers | Asked in Elder Law and Personal Injury for California on
Q: Needle was left in my arm after MRI service, got home seen it had to remove the needle myself
Eliza Jasinska
Eliza Jasinska
answered on Nov 8, 2024

In California, if a healthcare provider left a needle in your arm after an MRI or any medical service, it could be considered negligence, as medical professionals are expected to remove all instruments used during a procedure. This incident may fall under medical malpractice if it causes harm,... View More

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1 Answer | Asked in Elder Law and Civil Litigation for New Jersey on
Q: Can my son sell "his half" of my mother/daughter single family home to a non-relative without my consent.

Both our names are on the mortgage and the title as of 3 years ago when he suggested we refinance the mortgage at a lower interest rate. Prior to that, it had been in my name only since 2004 when my husband died.

Leonard R. Boyer
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answered on Oct 22, 2024

This situation will require a consultation with an experienced civil litigation attorney to sort through all this. You should expect to pay for about 1/2 an hour of attorney time to obtain the advice and best way to proceed. Pick the best attorney you can find and remember one rule: a good... View More

1 Answer | Asked in Animal / Dog Law and Elder Law for Virginia on
Q: I’ve cared for a dog for 3 months, the previous owner can’t properly care for him but is asking for him back now.

I’ve been buying things for him for over a year. There was poop in the house, he would eat her pull-ups and trash. No vet visit or shots and only went outside when she felt like letting him out. I would bring him to my house for several nights to bathe and care for him. She has memory issues and... View More

David G. Parker
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answered on Oct 17, 2024

Animal control is authorized by the Code of Virginia to seize animals that are being abused or neglected, and it sounds like this probably should have been done before the dog came into your possession. You say that she gave you the dog, but that's a little ambiguous. If you were of the... View More

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Health Care Law for North Carolina on
Q: Can I a file General POA with the healthcare provision or must I file two POA's?

I want to just file one POA that covers everything including Healthcare decisions

Shane T. Johnson
Shane T. Johnson
answered on Oct 15, 2024

Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More

3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Carl Nelson
Carl Nelson
answered on Oct 14, 2024

You didn’t ask a question but assuming you are asking if you can back out of the contract, the answer is that it depends.

Assuming you have an attorney to represent you in the transaction, that’s where your question should be directed. If you do not have one, I would assume the buyer...
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3 Answers | Asked in Business Law, Contracts and Elder Law for New York on
Q: I’m in contact to sell my home but because of illness we decided to move back.
Tim Akpinar
Tim Akpinar
answered on Oct 15, 2024

I'm sorry for your illness. My colleagues raise valid points. In addition to the terms of the contract, these settings could also depend on the personalities of the parties involved - how sympathetic the other side could be to your plight, the other side's position in terms of being... View More

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1 Answer | Asked in Criminal Law, Civil Litigation and Elder Law for Oregon on
Q: What steps to take? Friend using vehicle &won't return, demands money for unauthorized repairs. I am 71 & in wheelchair

Of course, there's more details just don't know where to begin. Guy may have accessed personal records including vehicle title, won't return my calls.

Theressa Hollis
Theressa Hollis
answered on Sep 30, 2024

If you have clearly communicated to your friend that you want your vehicle returned then I would call the non-emergency number for your local police to report it stolen. The issue of the repairs will have to be dealt with separately. It's possible that your friend could sue you in small... View More

1 Answer | Asked in Criminal Law and Elder Law for Texas on
Q: dad lent mom's car to daughter without mom's consent. mom is brain damaged from a stroke. mom wants car back and they...

won't return it. can I report it stolen? I am their son. the car is in Mom''s name.

John Michael Frick
John Michael Frick
answered on Sep 26, 2024

No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.

Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and...
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1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Tennessee on
Q: My MIL lives with me in TN and has property in NC that is not habitable. Is property protected asset with medicaid

She is in need of long term facility care.

Nina Whitehurst
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answered on Sep 19, 2024

If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More

1 Answer | Asked in Elder Law for Florida on
Q: Is transferring money from a trust to caregiver account a thing to get approved for Medicaid?

I have looked all over internet and all I see is getting paid as a caregiver but not this caregiver account transfer.my husbands step dad says it is needed to avoid look back to get Medicaid. His attorneys told him to transfer trust into caregiver account under my husband and I. Eventually after... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 17, 2024

Please make sure that you are working with a knowledgeable Medicaid Planning/Elder Law Attorney. There is a contract called a Personal Services Contract that when executed properly allows a front loaded payment to a caregiver or care manager (usually a trusted family member) based on the actuarial... View More

4 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Q: my grandma's in the hospital and has received an injury from 1 of the nurses and has been advised to make a police repor

What should we do next and we have pictures and a bunch of people from the hospital has been coming to talk to her

Eliza Jasinska
Eliza Jasinska
answered on Sep 15, 2024

I'm sorry to hear about your grandmother's injury. Here's what you should do next: Document everything by keeping clear, dated photos of the injury, logs of conversations, and copies of her medical records. File a complaint with the hospital by reporting the incident to their Patient... View More

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