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Elder Law Questions & Answers

1 Answer | Asked in Family Law and Elder Law for New York on

Q: My sister won't let me have contact with senior dad despite him wanting so. What court should I go to?

My dad came to visit her about a year ago, she has been holding him since. she has cut off all communication, and won't let us see each other.

Benjamin Zev Katz answered on Jun 16, 2019

If you believe that your father is being held against his will and is in immediate danger, you should call the police. If not in danger but potentially being neglected or otherwise mistreated Adult Protective Services has offices in each county and may be contacted.

If you believe neither...
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1 Answer | Asked in Elder Law, Estate Planning and Real Estate Law for California on

Q: Can i be Admin/pttioner of Est & also file850 prbt code to quiet title? bcuz A home incld in estate is mine,not decedant

Is it ok to be Administrator of Estate if i have conflict with the decendant ownership to a property? This is whats going on....My uncle is the only living son and he figured this was an easy way to inherit something. By changing title to one of my properties into his mothers name who was dying.... Read more »

James Edward Berge answered on Jun 16, 2019

In California, you can file a petition for the appointment of an independent administrator of the estate but you cannot be the administrator because you have a conflict of interest.

1 Answer | Asked in Elder Law for California on

Q: I live in CA and my mother lives in a skilled nursing home in MS. POA is needed to stop sister from taking her funds.

My only sister lives in MS and she is taking money from her while she is in the facility permanently. When my mother admitted herself into the facility she emptied my mother home of everything. And has opened accounts in my mother name.

Jeffrey Louis Gaffney answered on Jun 15, 2019

Elder Abuse is a crime in every state of the Union. If it were here at home we could get a restraining order to keep your sister from taking the money. I am sure you can do the same thing in MS.

Do you mean that YOU want a POA over your mother? Your mother will have to possess the...
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1 Answer | Asked in Criminal Law, Collections and Elder Law for Florida on

Q: my mom lives in Delray and was taken advantage of by painter . They took her money but did not finish. Who can help us?

I cancelled the job when my mom got sick and they agreed to it and was supposed to refund her money. That took 3 months of text messages that I have copies of. She never got her money. They talked her into doing the job when i was not consulted. They charged her extra for a shower door and did not... Read more »

Bruce Alexander Minnick answered on Jun 11, 2019

Hire a litigation lawyer and sic them on the thief.

1 Answer | Asked in Elder Law for Maryland on

Q: My husband and I currently live in Maryland - and are planning to move to Alabama within the next few months -

will Alabama accept our Maryland prepared will/trust/healthcare documents?

Mark Oakley answered on Jun 11, 2019

Yes. All wills and POAs are valid in any state you move to so long as they were valid under the law of the state where they were made. One caveat: some states have statutory provisions which govern the enforceability of a POA in given circumstances, such as Maryland, which if drafted with certain... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Michigan on

Q: A widow can't find her husband's stock certificate. To replace it the stock company requires certification from probate.

The decedent lived in Wayne County, MI. The Stock is worth approximately $2,500. He never updated beneficiary forms and the stock company needs to see that the widow is named the personal representative or see a small estate affidavit in order to transfer the ownership of the stock to her. Before... Read more »

Trent Harris answered on Jun 4, 2019

#1: It shouldn't be necessary to open a full-fledged probate estate. First, widow could try using SCAO form pc598, Affidavit of Decedent's Successor for Delivery of Certain Assets Owned by Decedent (see MCL 700.3983). That might work if stock company will accept it. Or, if stock company will not... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Elder Law and Municipal Law for New York on

Q: My husband's mother passed away and did not have a will. What will happen to her home? There is no mortgage owed.

The home is located in San Juan, PR. If there is no will, can my husband legally inherit the home? Or will it have to be sold? What happens then?

Elaine Shay answered on Jun 4, 2019

If your mother-in-law passed away while residing in New York State, your husband should be eligible to commence a proceeding to Surrogate's Court called an Administration. The share of the Estate your husband would be entitled to would depend upon whether his mother was married at the time that... Read more »

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1 Answer | Asked in Elder Law for Wisconsin on

Q: In the State of Wisconsin, can a person, who has an activated HCPOA, execute a new HCPOA with a different designee?

Thomas B. Burton answered on Jun 3, 2019

As long as the principal (the person who created the Health Care Power of Attorney "HCPOA") is mentally competent, and is not currently incapacitated as is defined in the document, they are free to execute a new HCPOA, and name a new Agent to act for them in the event of their incapacity, at any... Read more »

1 Answer | Asked in Civil Rights, Criminal Law, Elder Law and Probate for California on

Q: An attorney and appointed trustees who had accepted the trusteeship had my disabled mother

I need a financial elder abuse litigator for elder abuse against my mother and against me. Case involves a large estate over $20 million.

Richard Samuel Price answered on Jun 1, 2019

The best thing for you to do is to all come local attorneys and get some advice about your case. You can contact your local bar association for a referral to an elder abuse attorney.

1 Answer | Asked in Elder Law for Texas on

Q: My sister is only interested in my dad’s lawsuit, wont visit him or give him status

I have spent more than 50% of the last year helping my parents I live in CA they live in Tx. Its been exhausting. My younger sis lives 3 hrs away has visited couple hrs last year. Dad has lasbestos lawsuit going. She had originally called the attorney. My dad and I called to get updatessince... Read more »

Terry Lynn Garrett answered on May 31, 2019

If your father is the client, his lawyer should not be speaking with anyone but him about it without his prior written permission. Your father should shut the spigot.

1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on

Q: Hi, what is the cost to file for guardianship for a parent with dementia? Thank you.

Jason E. Neufeld answered on May 31, 2019

Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.

1 Answer | Asked in Elder Law for Florida on

Q: Can a POA be partially revoked, in this case for medical, so a new POA can do that part?

Jason E. Neufeld answered on May 30, 2019

You would want to revoke the entire document and have your elder care attorney draft a new one that complies with your wishes. This will prevent confusion when 3rd parties are trying to figure out who is supposed to make which decisions for you.

All the best,

Jason

1 Answer | Asked in Elder Law and Probate for Massachusetts on

Q: Do I have any legal recourse for the filing of a Last Will and Testament for my Dads estate? Please see my explanation?

Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my dad's only... Read more »

Lillian J. LaRosa answered on May 28, 2019

If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should engage... Read more »

1 Answer | Asked in Health Care Law, Family Law and Elder Law for Puerto Rico on

Q: Over 20 years done 100% of the care for 94 year old mother.there are 4 other brother, never done their share help

Am with my mother over 120 hours a week.I prepare meals for my mom,clean house, do the yard work.Buy groceries and household supplies out of my own funds.Am a Marine Vietnam combat veteran withPTSD.The situation is very difficult because I’m wasting away so my mother can live and my siblings have... Read more »

Nelson Jose Francisco Alvarez-Aponte answered on May 27, 2019

Hello and thank you for using JUSTIA. You have the right in Puerto Rico to file a complaint in court to force the sibblings to do thier share of the choirs. All children must do their share for care of thier elderly parent. This is the law.

1 Answer | Asked in Estate Planning and Elder Law for Indiana on

Q: One of the executor of my mothers estate is living in my mothers house for 2 months since her death. She won't leave.

We are trying to clean up the place for household auction and possibly rent the house. There are 2 executors with total if 4 heirs. We think she is hiding goods she wants or from someone that wants a certain item. This executor is homeless usually. Our lawyer is not helping us. What can we do?

Alexander Florian Steciuch answered on May 21, 2019

You should consult with another probate attorney to discuss your concerns if your current one is not listening or dismissing your concerns.

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on

Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »

Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Elder Law for Texas on

Q: My question is long, best asked through email. Is that possible? Thanks. Harry Fitzner.

Terry Lynn Garrett answered on May 19, 2019

Send an email to info@elderlawAustin.com.

Please note that Medicaid varies from state to state. If you are concerned about MediCal, you might want to try the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)

1 Answer | Asked in Criminal Law, Elder Law and Probate for California on

Q: Im Admin of Estate but not "Next of kin".Can i force"next of kin" 2give me Bankin info,keys,valuables he took & how?

"Next of kin"& caretaker in kahoots have taken over bank accts. by false POA, taken jewelry from safe deposit box too and other expensive collectors items.Caretaker added her name onto several bank accounts & was writting checks."Next of Kin" had recently started to visit grandma almost everyday... Read more »

Dale S. Gribow answered on May 13, 2019

more info needed.

You need to contact a probate lawyer asap for guidance.

1 Answer | Asked in Civil Rights, Criminal Law, Elder Law and Gov & Administrative Law for California on

Q: Can I be deprived of personal items in a car impounded by police if I am not the registered owner?

I rent a car from an individual. The car was impounded by the Sherriff and I can't get in touch with the owner. I am being denied my personal property: cell phone, passport, work items, and clothes and food even though I can prove ownership of the items. I'm severely affected by not having my... Read more »

Dale S. Gribow answered on May 7, 2019

more info needed.

obviously you try to get them back in a nice way........if that doesn't work maybe contact politicians.

you may have to retain a lawyer to move the court for the return of your items

1 Answer | Asked in Elder Law and Probate for Michigan on

Q: I need help finding a pro bono attorney to help open my father's estate and file elder abuse charges.

I live in Honolulu, Hawaii but my father was living in Detroit Michigan (Wayne County). I need an attorney located in Michigan.

Brent T. Geers answered on May 6, 2019

You're talking about a subject that can be criminal or civil. For criminal charges, you'd need to present the facts to the prosecutor's office (typically done through the filing of a police report); the prosecutor decides whether to pursue charges - you cannot compel them to criminally charge... Read more »

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