Elder Law Questions & Answers

Q: As a beneficiary of my recently deceased parents, how can I obtain a copy of their initial Will, which was drawn up by

1 Answer | Asked in Estate Planning and Elder Law for Wisconsin on
Answered on Apr 17, 2019
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...

Q: I am being subjected to elder abuse by my live-in caregiver.

1 Answer | Asked in Elder Law for California on
Answered on Apr 14, 2019
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...

Q: Ward is confined to memory care at ALF. Son is guardian, can wards house hold bills be paid through the guardianship?

3 Answers | Asked in Family Law, Elder Law and Probate for Florida on
Answered on Apr 14, 2019
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...

Q: Divorce case circa 1987, wherein one spouse has writ he is entitled to 40% of sale price for home in Huntsville, AL.

2 Answers | Asked in Divorce and Elder Law for Tennessee on
Answered on Apr 10, 2019
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.

Q: Is it elder abuse if my former landord refuses to refund my security deposit?

1 Answer | Asked in Elder Law for California on
Answered on Apr 9, 2019
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


Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Answered on Apr 8, 2019
Terrence H Thorgaard's answer
The mortgagee might seek a deficiency judgment against her, although it might not be possible to collect such a judgment.

Q: I would like or sell my townhome to my daughter and remain in the home. What are the issues?

1 Answer | Asked in Elder Law and Real Estate Law for Texas on
Answered on Apr 6, 2019
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.

Q: How can a family caregiver get the right to occupy a deceased mother's home

2 Answers | Asked in Estate Planning, Real Estate Law, Civil Rights and Elder Law for Oklahoma on
Answered on Apr 5, 2019
Kyle Persaud's answer
This is a complicated question, and I can;t answer it in the space I've been given for only one post. So, I'm going to give you the full answer, in two separate posts.

Here is part 1:

First, find the original deed (or document) that originally transferred the home to your deceased relative. You may have to go to the office of the county clerk to find this document.

Then look at the deed. When you look at the deed, ask the following questions:

1. Does the deed...

Q: Can I pay myself as POA as my Mother's POA and what would be considered reasonable?

1 Answer | Asked in Elder Law for Texas on
Answered on Apr 5, 2019
Tammy Lyn Wincott's answer
Only if the POA allows you to be paid.

Q: ....can I write on top MotionNotice & Motion on one paper? And how many requests can i ask court to do per motion?

1 Answer | Asked in Elder Law and Probate for California on
Answered on Apr 3, 2019
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.

Q: If a POA has not been in contact with the person that named them over the whole year since they became it can it be rev

1 Answer | Asked in Elder Law for Tennessee on
Answered on Apr 1, 2019
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.

Q: Stepmom was diagnosed with dementia. Afterwards, her son got POA but my dad is alive, competent and still married to her

1 Answer | Asked in Family Law and Elder Law for Texas on
Answered on Apr 1, 2019
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.


Q: How difficult is it to have a real estate transaction voided based on the buyer's mental incapacity at the time.

1 Answer | Asked in Real Estate Law, Elder Law, Probate and White Collar Crime for Texas on
Answered on Mar 31, 2019
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).

Q: uc davis had an internal investagation over my stay (68days_), then when results came they refused to give copies to me

2 Answers | Asked in Personal Injury, Elder Law, Health Care Law and Medical Malpractice for California on
Answered on Mar 26, 2019
William John Light's answer
You are entitled to your medical records. You are not entitled to the internal investigation.

Q: My brother is the oldest and in charge of my moms funeral arrangements but my sister had life insurance policy my brothe

1 Answer | Asked in Elder Law for Texas on
Answered on Mar 26, 2019
Tammy Lyn Wincott's answer
Please complete your question in order for us to understand.

Q: Re: probate court in LA, Ca what's the difference of filling a Petition/ Motion ?

1 Answer | Asked in Consumer Law, Elder Law, Nursing Home Abuse and Probate for California on
Answered on Mar 25, 2019
Richard Samuel Price's answer
A petition is the first document filed with the court that initiates a probate case. It is like a complaint in a civil case.

A motion is filed within a probate case that seeks some specific relief.

Q: I am a disabled senior married 33+ years and the injured spouse. I need to filled divorce now, she has taken all & moved

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Elder Law for Colorado on
Answered on Mar 25, 2019
John Hyland Barrett III's answer
Lawyers in Colorado are not allowed to do divorces on a contingent fee basis. It is possible that the court could order her to pay some of your attorney fees.

Q: My father has a life estate in home & stated in his will that I can remain in home for 5 yrs after death? Is it valid?

1 Answer | Asked in Elder Law for Florida on
Answered on Mar 24, 2019
Phillip William Gunthert's answer
Very sorry about your father's illness.

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...

Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on
Answered on Mar 23, 2019
Timothy Denison's answer
Hire a lawyer and file suit to block the sale and recover the money.

Q: How do I best give (or sell for a nominal amount) my house to one of my daughters?

2 Answers | Asked in Estate Planning, Real Estate Law, Tax Law and Elder Law for California on
Answered on Mar 19, 2019
Sally Bergman's answer
I recommend you talk with an Elder Law Attorney as you raise many important issues very specific to elder law.

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