Elder Law Questions & Answers

Q: I'm a FT caretaker of my ill parents. I have lived in house for 5 years. Do I have any claim on it?

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for New York on
Answered on Jan 23, 2018

You have no claim as a result of being a caretaker.
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Q: Is not reporting an a death from e coli at a nursing home illegal?

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for Massachusetts on
Answered on Jan 23, 2018

Depending upon how long ago the death occurred there may possibly be a nursing home malpractice/tort claim which you should investigate as soon as possible. This involves someone being appointed Personal Representative by the Probate Court to obtain medical records of the decedent for an evaluation of whether it appears that there was negligence.
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Q: Can my mom's boyfriend get her car and house from previous marriage if they are to get married before she dies?

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Oklahoma on
Answered on Jan 22, 2018

Yes, that is possible. A spouse is entitled to 1 vehicle of their deceased husband or wife, IF they want it, unless the title is held jointly with some other person. Sorry about your mom, hope she gets better, and that her new husband, IF they get married makes her life a bit better.
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Q: my mom had a stroke my sister is power of attorney my father wants to sell house half the house is in my mom's name

1 Answer | Asked in Real Estate Law and Elder Law for New York on
Answered on Jan 22, 2018

Yes. That is point of POA. To act when person cannot.
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Q: mom needs long term care only get $607 SSI owns half of a house with husband who has lived apart 27 yrs. Taxes will not

1 Answer | Asked in Elder Law for New York on
Answered on Jan 22, 2018

How much is this house worth? WE can put it in Irrevocable trust and save it.

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 dad is bedfast but refuses to go to a nursing home. What can I do as the only living child to have him placed?

1 Answer | Asked in Elder Law for Tennessee on
Answered on Jan 22, 2018

From what you have asked, the action you could entertain is hiring a local attorney to discuss whether your dad would be one who would qualify for a guardianship. If so you or another person, usually a family member could be appointed by the court to make decisions for your dad, should he be adjudicated a "disabled person". That person would be the guardian of the estate and person. It doesn't have to be the same person for both positions, but at least the guardian to receive the court's...
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Q: Do I have to have power of attorney to sign for mom's hospice care?

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Answered on Jan 21, 2018

If they are asking you to consent as her next of kin and are not insisting on POA, then you can sign. Just make sure you are not signing to be responsible for payment unless that is your wish.
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Q: I own the home in Texas my 87 yr old dad lives in . He became involved with a 48 undocumented woman who wants her citize

1 Answer | Asked in Elder Law, Criminal Law, Immigration Law and Real Estate Law for Texas on
Answered on Jan 21, 2018

You must fence your property and post a "No Trespassing" sign. Talk with your local police department. If the person is exploiting your father financially, report it to Adult Protective Services as well. Telling her that you and your father are taking these steps may help discourage further unwanted visits.
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Q: My brother is first POA for my mother with dementia, I am second, sister third. I do not want to be POA. How do I excuse

3 Answers | Asked in Elder Law for Florida on
Answered on Jan 21, 2018

You can resign/decline to serve in writing. Send it to your mother and the other two named agents.

Send it to your mother’s Attorney if she had one.
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Q: Does a Durable POA need to be entered into courthouse records to be activated?

1 Answer | Asked in Family Law and Elder Law for North Carolina on
Answered on Jan 21, 2018

Depends. The registering and filing requirements can be waived so it likely depends on how the POA was drafted. There have also been some fairly recent rule changes for POA's in NC, so it would be a good idea to consult with a local attorney.
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Q: How can I bring my grandmother, who resides in Puerto Rico, against her will and her husbands will to the United States?

1 Answer | Asked in Family Law and Elder Law for Massachusetts on
Answered on Jan 19, 2018

You will need to engage an attorney who practices elder l;aw/guardianship in Puerto Rico and you likely will have to attend court there to obtain guardianship with authority to move her to Massachusetts. This is really a Puerto Rican law question.
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Q: How do you protect one's assets that are willed to the family from the nursing home taking them.

2 Answers | Asked in Real Estate Law and Elder Law for Ohio on
Answered on Jan 19, 2018

Use the Find a Lawyer tab to consult a local estate planning attorney who is familiar with elder law and Medicaid issues, who can review all the facts and advise.
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Q: Mother died Jun '17. Will named exec. (deceased) and 2nd exec. renounced Nov '17. What is my first step?

1 Answer | Asked in Elder Law and Probate for New York on
Answered on Jan 18, 2018

Check the balance. You are near the line for a voluntary administration, which requires nothing but the bank account information and a death certificate. Too much time has not passed.
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Q: Dad has dementia, I'm poa, trustee of his estate. He entered into a contract to sell his house behind my back is it lega

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for California on
Answered on Jan 18, 2018

If your father's dementia has progressed to a point where he lacks mental capacity, the "Incapacity" provisions of his trust take over and I assume you were the designated successor trustee, so you then take over as trustee in the place of your father. When this occurs, it is a good idea to file a document with the County Recorder's office that serves to alert anyone buying/selling property that you are the only person authorized to enter into such a transaction on behalf of the trust. You...
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Q: So if someone has appointed conservators and dies with will naming a son as executor does will have to be probated

1 Answer | Asked in Family Law, Elder Law and Probate for Georgia on
Answered on Jan 17, 2018

The will has to be probated regardless. Just because that person is the nominated executor, doesn't mean the court will appoint that person. It is ultimately the court's decision. Contact an attorney about probaring this estate.
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Q: Need to find out how to secure the rest of my Mom's assests. She is on a fixed income and has been making bad

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Answered on Jan 17, 2018

If your mother has legal capacity to contract, you can talk with her about authorizing someone to be her agent under a Durable Power of Attorney.

If you think that she lacks legal capacity to manage her own financial affairs and a physician will complete a Physician's Certificate of Medical Examination stating this, you can hire an Approved Guardianship Attorney and seek guardianship of her estate. There is a list on the State Bar of Texas website. Many practice in counties...
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Q: What responsibility does a wife have for her husband's safety if he is falling and she leaves him alone all the time?

1 Answer | Asked in Elder Law for Texas on
Answered on Jan 17, 2018

You can call the DMV and request a retest.

You can call the local Area Agency on Aging and the Y to find out about fall prevention classes and talk to your father about taking them. There are also fall prevention and balance videos available online.

You can visit and help your father decrease the likelihood of falls by improving lighting, rearranging furniture, removing throw rugs and wires on which he might trip.

You can talk to your father about moving into an...
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Q: I'm in Indiana, my father passed away. He was arrested & scheduled for court. Why do they not just drop his case?

2 Answers | Asked in Criminal Law, Car Accidents and Elder Law for Indiana on
Answered on Jan 16, 2018

Send them a copy of the death certificate. Leave it be--they can't arrest the dead.
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Q: I would like to know if I will have the right to adverse possession upon my grandmother's passing.

1 Answer | Asked in Real Estate Law, Elder Law, Land Use & Zoning and Probate for Texas on
Answered on Jan 16, 2018

Her Will governs. If you want to be repaid for the money and work you have put into the farm, you need a signed contract agreeing to the amount. Adverse possession only applies to occupancy for many years with no objection by the other people entitled to the land. You would have to occupy the farm for many years after her death without others objecting and then send them legal notice, giving them a chance to object. That seems unlikely to occur.
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Q: I've been appointed as executor and sole beneficiary to my god mothers estate. Her spouse is still alive but has beenin

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Probate for California on
Answered on Jan 13, 2018

If she was married, she can give you all of her separate property, and half of their community property. He still has an interest in their community property.

You will have to bring a probate petition to determine what property you are entitled to. Even still, he may have rights to the house as a probate homestead, even if you were given it by her will.

You need an attorney.
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