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Maryland Elder Law Questions & Answers
1 Answer | Asked in Elder Law for Maryland on
Q: What if my husband is in a facility

What if my husband is in a facility

Mark Oakley
Mark Oakley 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?

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Hi. For three years I moved into my mom's house and took care of her. Wondering what my rights are as one of four.

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 »

Cedulie Renee Laumann
Cedulie Renee Laumann 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 »

2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: My Dad died in Jan 2021 & owned a home in MD, with no estate. No other accounts or income.

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

Theodore David Vicknair Sr.
Theodore David Vicknair Sr. 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...
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1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: I have a joint account with my father, he is requiring nursing home stay, can they deplete the account?

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?

Mark Oakley
Mark Oakley 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 »

1 Answer | Asked in Estate Planning, Elder Law and Probate for Maryland on
Q: Can my brother (Executor of my mother's estate, and my sister create a contract of sale for our family home without me
Cedulie Renee Laumann
Cedulie Renee Laumann 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 »

2 Answers | Asked in Estate Planning, Elder Law and Probate for Maryland on
Q: Can I submit a claim for hospice caregiving services rendered by me against my mother's estate in probate

if my siblings authorize and agree to it?

Richard Sternberg
Richard Sternberg 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.

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1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: Am I legally able to make a claim against my mother's estate for caregiver services

rendered solely by me that was necessary for 'at home hospice care' the last 6 months of her life with verified and supported documentation?

Mark Oakley
Mark Oakley 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 »

1 Answer | Asked in Elder Law, Libel & Slander and Nursing Home Abuse for Maryland on
Q: I was involuntarily discharged skilled nursing. While I was getting emergency care

They are refusing to send paperwork to another so I can go to another

Tim Akpinar
Tim Akpinar 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 »

1 Answer | Asked in Estate Planning and Elder Law for Maryland on
Q: How many signatures are required for an agreement paper between husband and wife later inserted as part of a will?

In maryland

Mark Oakley
Mark Oakley 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.

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Maryland on
Q: How do prove that a wife did not sign or agree to a document that relinquished her rights to her husband’s estate.

In maryland

Richard Sternberg
Richard Sternberg 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 »

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1 Answer | Asked in Elder Law for Maryland on
Q: I live in Maryland, my parents are moving into assisted living, how do I protect their assets?

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 »

Bennett James Wills
Bennett James Wills answered on Dec 1, 2020

Consult with a local experienced estate planning attorney to map out the best course of action for your parents.

2 Answers | Asked in Estate Planning and Elder Law for Maryland on
Q: Asset Protection and Medicaid Benefits

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?

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Estate Planning, Elder Law, Public Benefits and Social Security for Maryland on
Q: 64, disabled, and on SSI and Medicare/Medicaid. About to inherit about $50,000. How can I avoid losing benefits?

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 »

Mark Oakley
Mark Oakley 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 »

1 Answer | Asked in Elder Law for Maryland on
Q: What type of attorney to handle elder financial abuse?

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 »

Mark Oakley
Mark Oakley 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.

2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste 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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1 Answer | Asked in Elder Law and Nursing Home Abuse for Maryland on
Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private

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 »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

Sounds like both. You may need to report this to both agencies.

1 Answer | Asked in Elder Law for Maryland on
Q: I am POA, father has dementia, in asst living, sadly medicare and health insurance does not cover much.

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?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

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...
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1 Answer | Asked in Elder Law for Maryland on
Q: My mother in law is in a facility and my husband's name is on the statement. Does that mean we are responsible to pay?
Mark Oakley
Mark Oakley answered on Jul 2, 2020

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.

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: Can a Personal Representative act with the same powers as a Power of Attorney while the will-holder is still alive?

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 »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

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 »

1 Answer | Asked in Elder Law for Maryland on
Q: My grandad is in a nursing home in Florida. My whole life he has told me I am to inherit 40,000

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???

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

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 »

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