
answered on May 17, 2022
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 wants to be relieved from the guardianship - how do you go about it?

answered on Apr 26, 2022
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 »
Y, who is not a beneficiary or administrator, claim as a creditor against estate?

answered on Feb 1, 2022
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 »

answered on Jan 8, 2022
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 »
He husband passed Oct 16, 2021 Now he's gone, I'm the bad one because I won't send 20,000 dollars immediately after his passing

answered on Nov 4, 2021
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 »
What if my husband is in a facility

answered on Sep 25, 2021
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 »

answered on Aug 5, 2021
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 »
From reading, I don't need to file income or estate taxes. I'm confused on the capital gains. Please help. Thank you!

answered on Jul 29, 2021
Under federal income tax law, the tax basis of your father is "stepped up" to fair market value on his date of death. That is the basis you would use to determine capital gains, if any.
So for example, if you dad purchased his house for $75K in 1995, and when he died in January... Read more »
I was just informed that the c0-pay for the nursing home will be $170 per day. We have about $8000 in the account. Can they take all the money in the account?

answered on Apr 22, 2021
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 »

answered on Mar 15, 2021
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 my siblings authorize and agree to it?

answered on Mar 11, 2021
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.
rendered solely by me that was necessary for 'at home hospice care' the last 6 months of her life with verified and supported documentation?

answered on Mar 11, 2021
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 »
They are refusing to send paperwork to another so I can go to another

answered on Jan 24, 2021
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 »
In maryland

answered on Dec 30, 2020
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

answered on Dec 30, 2020
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 »

answered on Dec 1, 2020
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?

answered on Oct 24, 2020
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 »

answered on Oct 7, 2020
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 »

answered on Sep 26, 2020
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.

answered on Sep 21, 2020
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.
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