I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a... View More

An Alabama attorney could advise best, but your question remains open for three weeks. Your mother could consider trying to arrange a free initial consult with a social security disability attorney (among other types of attorneys, based on your selected categories). There is a section here for... View More

You have a number of options. These options include, consult with a Bankruptcy to see, not only if you qualify, but if it makes sense in your financial condition and future. Protect your assets by having assets in non-collectible, accounts or assets. File claims for exemption.

The first... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

Either hire an attorney or do the research and represent yourself, quickly. Once the house is demolished there will be a lien filed for the cost. And that lien might be executed against the land.

Some additional facts are needed before an attorney can fully answer this question. For example, is the mobile home still titled in your father's name? Does this sale involve the land that the sits on? I recommend contacting a probate attorney in your area to further discuss the next steps... View More

The grantor of the power can appoint one or more agents to serve by naming them in the document. It is important to note whether the power is "joint" (meaning all agents must agree) or "joint and several" (meaning any agent can act without consent of the other). In practice I do... View More

Yes, your mother would likely need a living will and an advanced healthcare directive to make her decisions known and to give you the power to make medical decisions on her behalf. Here is a little more information on advanced healthcare directives in Alabama:... View More

The age of majority in Alabama is 19, so technically she can. And.. if she pays for the phone, then she can look at it.

Your mom has an asset, which is the home. The mortgage may reduce the home's value to her, but it's still an asset.

There are too many unknowns that need to be looked into before you can know whether Medicaid can come after the house. One would be whether Medicaid recorded a... View More

One of the other 3 owners, or anybody else for that matter, can buy your brother's share. Medicaid will expect the purchaser to pay 1/4 of the tax appraised value. Be aware, though, the cash paid for purchase will also be considered an asset or resource for Medicaid. If the purchase... View More

It stands for "Domestic Relations," indicating that the case is in the Domestic Relations (i.e., Divorce) section of the Circuit Court.

I am sorry for your losses. It is hard to give a specific answer that you can rely upon, as some additional information is necessary. However, in general the estate will be responsible for paying for those expenses. If you continue to live in the home, the estate (through the Executor) may... View More

Some probate courts have forms and code information online. I would look at some of the larger counties such as Montgomery or Mobile. On the POA, it all depends on the language in the document. Generally, the person that granted the POA is the one that files to have it revoked but in this... View More

You can certainly consult with an attorney about various civil remedies, however, there are various new "elder abuse" statutes on the books in Alabama and some may apply to this situation. It is a crime to take advantage of an elderly, incapacitated individual. Your friend may want to... View More

I am not sure if you have a specific question, but when there are incidents of physical, emotional or financial abuse of seniors (or any adult for that matter), there are resources for assistance. The first is law enforcement and if you witness physical abuse, you can call the police and file a... View More

Your question is a common one, but unfortunately it is not simple. First, it would be worth the time, effort and expense to consult with a legal or financial advisor about this decision and how it specifically affects your parents. It could have unintended consequences and ramifications extending... View More

If your mother needs to qualify for Medicaid (assuming she does not have the resources to pay for nursing home care), then you would need to repay the funds if she needs to qualify for Medicaid. It’s all related to the Medicaid “transfer penalty.”

The penalty basically works as... View More

Cases of neglect are incredibly fact specific and there is no bright-line test as to what constitutes neglect. Speaking generally, if someone is concerned that an elderly adult is being neglected, there are three basic options:

1. Contact local law enforcement. There are several new... View More

I am sorry about your family's loss. Alabama directs where assets pass in the event someone dies without a Will. The assets pass to an individual's next-of-kin under Alabama law. The next-of-kin depends on the particular facts of the family:

-Passes to spouse and children first... View More

I would go by the county courthouse in the county that you live or in the county where that bank is located (where you signed the loan/contract) and they can look up the case and whether or not there is a judgment on the case.