The procedural rules do not have an exception in their time deadlines for switching lawyers. Written discovery responses are due 30 days after service of them upon you. That said, the discovery deadlines in most cases in circuit court can encompass a 4-6 month range, and it is common for parties...Read more »
She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint...Read more »
Yes, Y is a creditor of the estate and may file a claim for funeral expenses paid. Y should submit a formal claim together with the invoices/receits showing the amounts incurred. If the Personal Representatve fails to pay or denies all or part of the claim, Y can petition to court to order the PR...Read more »
I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... Read more »
A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court...Read more »
If you are being charged with a crime by the police or prosecuting authorities of the state, hire a criminal defense lawyer. If some family member or other person is just accusing you of elder abuse but is not an authorized representative of the State or local government having authority over...Read more »
You need to be more specific as to what your concern or issue is. What about your husband being in a "facility" (medical facility? prison? mental health hospital?) causes you to need advice about what to do?
I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... Read more »
Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or...Read more »
Depends on the original source of the money, and when your name was put on the account. I assume your father needs to qualify for Medicaid to pay the nursing home care, and to do so Medicaid requires that your father use his own assets until he has paid down to the level necessary to receive...Read more »
Assuming the "family home" is in the probate estate, then yes, a Personal Representative of an estate can usually sell the property without getting permission from other family members. However, the Personal Representative must report the sale to the court and get the court to sign off...Read more »
If all interested parties agree that you should be paid, you should be able to work it out as either a claim or a partial renunciation. This is a matter to be discussed with the personal representative or the lawyer.
Without proof of an agreement/contract for compensation as a caregiver, Maryland law treats all services such as these provided to a family member as having been natural gifts of familial love and caring, without any right of reimbursement for your labor or time. If you were required to expend...Read more »
I'm sorry this happened to you. A Maryland attorney could advise best, but your question remains open for a number of weeks. As a GENERAL matter nationwide, patient discharges are often one-sided decisions. The patient may have certain recourses such as appealing or working with a...Read more »
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.
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 »
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?
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.
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