In maryland
A lawyer would have to look at both documents. A will requires two witnesses, and agreement can be signed by just the parties to the agreement. The will would have to specifically reference the agreement if it was to be given effect in place of or as part of provisions in the will.
In maryland
It depends on the facts, but one might look to the provenance of the signature using a handwriting expert or the circumstances of the signing. I had one case where the signature was attacked by investigating the notary seal, which turned out to be forged. There are many sets of facts, and it is the... Read more »
My father's health is deteriorating more than my mother's and I'm afraid the he may be headed for a nursing home soon. His health situation just came about within the last year so we are within the dreaded 5yrs penalty. I am the power of attorney but all his assets are still in his... Read more »
Consult with a local experienced estate planning attorney to map out the best course of action for your parents.
My parents and I are planning to sell our houses to buy a bigger house to live together. What should we do to protect our asset but still legally having Medicaid benefits for my parents if they need to apply?
You should schedule an appointment with an elder law attorney. There is more than one way to do this. There is no one-size-fits all solution. A personal consultation is needed.
Dad's original will set up a Special Needs Trust with all funds just for me. He later amended the will so funds are immediately disbursed among each of the children. I think I'm in a bind and don't want to lose my only income source as well as my health insurance due to having... Read more »
You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... Read more »
My sister appointed a family member as her POA when she was living in assisted living. My sister now lives with family and want to reclaim her independence. The POA never kept her in the loop on any financial matter, has her financial accounts set up so she can’t gain access easily and my sister... Read more »
Call a lawyer. Have the lawyer contact the State’s Attorney’s Office, and have them indict your sister or issue a warrant for your sister’s arrest and prosecution for elder abuse, embezzlement and theft.
Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.
pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid... Read more »
Sounds like both. You may need to report this to both agencies.
I have lived in his home for past 13 yrs. My sister lives in his other home, which he purchased for her and has lived there 20 + yrs. When his money runs out will we have to sell the homes, can I put deed in my name?
Usually an attorney in fact under a POA cannot transfer assets to themselves. Nor can the agent gift property to other family members unless the authority is expressly given in the power of attorney and is consistent with the principal's pattern of giving and best interests.
In... Read more »
Only if your husband personally signed the facility contract stating he was the one responsible for payment. if he signed as a power of attorney, then no. If he was listed merely as a contact person, no. Take the facility contract that placed her there to a lawyer to review.
My mother has named me as her PR in her will. She has been deemed unable to make monetary decisions. We must sell her home to pay for assisted living but can't without a POA. We'd like to avoid the costs and time of applying for Guardianship. Will being her PR allow us to handle her... Read more »
NO. First of all, you are not her PR until a court appoints you to act as PR--which can only happen after your mother dies and you file the will to open her estate. A person named or nominated to act as PR in a will has no authority to do anything before the person dies. The PR only acts for the... Read more »
My aunt the executor says there’s nothing left after his care of 10,000 per month. But would like to help with my education so they can receive a tax break?? I’m confused. He’s still alive but not well at all Should I take her at her word???
There are several issues with your fact situation. First, you were verbally told you were to inherit a certain amount of money. Were you told if this was as a beneficiary of a life insurance policy or maybe as the beneficiary of a bank account with payable on death designation (POD) in your favor?... Read more »
I hope my adult children would not have to pay off my house
Good question. Heirs do not have to personally pay off any debts of a deceased relative. The Personal Representative ("PR") is appointed to deal with the assets and debts of the person who died and must pay off debts from the deceased person's assets.
Three options... Read more »
Tenants by the entirety is a special type of ownership for husbands and wives. If a couple bought property before a marriage and later get married, they could in theory re-deed the property from themselves as joint tenants to themselves as husband and wife, tenants by the entirety.
A... Read more »
will Alabama accept our Maryland prepared will/trust/healthcare documents?
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 »
He only has Social Security payments and a very small pension. The SS payments are eaten up by the cost of the Assisted Living facility. The pension is below $150. The credit card debt occurred when he suffered a series of strokes and seizures which has necessitated him living at the assisted... Read more »
Do not agree to pay any of it. He is "judgment proof." He may want to file a general denial asking for proof he owed the debt. There may be defenses depending on how old the debt is.
Contact your loal legal aid/legal services organization.
until 2010 his name was taken off and replaced with mine. 2014 my mother has been in a nursing home. A lien has been placed. What can i do to avoid the state of Maryland and or nursing home taking my condo when my mother passes away?? It was suggested that i place bankruptcy in part of of mother. I... Read more »
You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful... Read more »
I have pulmonary sarcoidosis, degenrative disc disease, osteo & rhuematoid arthritis. I stay in chronic pain also due to having granulomas brought on from the sarcoidosis! chronic kidney disease, diabetes, asthma , PVC and other health issues/ they are making me see one of their doctors to... Read more »
You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current... Read more »
My Mom passed away in 1995. My Father (4 sons) remarried in 1999 and his wife had 2 daughters. My Father and his new wife moved to Florida in 2000. One of the daughters moved in with them around 2013 when her husband passed away. The other sister moved down also but has a home an hour away. In 2012... Read more »
You need to re-ask this question under Florida law, which will apply to your father's situation. Florida has very aggressive guardianship and elder abuse laws (including financial exploitation) and you will need a Florida lawyer to advise you, as well as answer any questions. Your facts... Read more »
Champion mortgage is the holder of loan. Document indicates I have 1 year to remain in the home after last owner is deceased. Should I add my name on the lein to be included as “Tenants in Entierty”? They have no saving/retirement/ safety-net to leave me. I can’t afford purchase the house... Read more »
No, none of this would work. First, you cannot be added onto the reverse mortgage, as that was calculated based on your parents’ ages and life expectancy at the time of the mortgage. The mortgage typically must be paid off within 6 months of death, or the property be listed for sale and marketed... Read more »
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