Prior to becoming a legally incapacitated adult/ward of the Court, I'll call this person Matthew. Matthew and family was granted a protective order against the petitioners progeny, her house has a history of violence.
The state sought charges on the behalf Matthew's mother against... View More 
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answered on Nov 28, 2023
No, it would generally not be legal or ethical for guardianship to be granted to someone who has violent felons living in or frequently visiting the home where an incapacitated adult or ward of court resides. There are several issues here:
• The court has a responsibility to thoroughly... View More
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Aug 21, 2023
You say she didn't have anything but then add she has a 10,000 (plus judgment interest?) debt owed to her. Therefore she DOES have something to probate: her interest in that judgment.
The question becomes is it worth it to begin probate for the POSSIBILITY of recovering 10k? The... View More
I'm her only child and she's not married. The only thing she has left is some clothes and a few nick nacks. I intend to donate most of it to good will. How do I go about being named executor? Since she had nothing why would I want to be named executor? She was married for a long time to a... View More
answered on Sep 1, 2023
I'm sorry for your loss. When a person dies intestate (without a will) in Michigan, the process to administer the estate can be more involved. Here's a general overview regarding becoming the personal representative (often referred to as the "executor" in other states) of... View More
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answered on Aug 18, 2023
Absolutely, in Michigan and many other jurisdictions, you can certainly create a Power of Attorney (POA) revocation letter in advance and retain it for potential future use. This proactive approach allows you to be prepared should you ever need to revoke a previously granted power of attorney. Your... View More
answered on Sep 1, 2023
Dissolving a trust after the death of the grantors involves several steps:
Review the Trust: Begin by reading the trust document. It will provide instructions on distribution and conditions for dissolving the trust.
Gather Assets: Inventory and appraise trust assets.
Pay... View More
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answered on Aug 18, 2023
Depending on the circumstances, there might be specific grounds for dissolution outlined in the trust document, or it may require the agreement of all beneficiaries. If all beneficiaries are in agreement, the process can be more straightforward. However, if the trust document does not provide for... View More
I'm his daughter his benifituary the nursing home is sueing me for the bill and trying to take his house that he left me I am on the deed what do I do the nursing home already file a summons
answered on Aug 17, 2023
You need to be in touch with an elder law attorney asap. First, that person will need to help you figure out if you are being sued individually or in the capacity of the estate representative. If they are trying to take the house, I imagine you are involved in your capacity as the estate... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Sep 1, 2023
In situations where there's a suspicion of undue influence or wrongdoing, especially involving caregivers and fiduciaries, several legal avenues might be available. Here's an outline of potential options in Michigan (as the jurisdictional context provided in prior questions was Michigan):... View More
Mom has dementia, but she is coherent; very forgetful too. She currently lives in rehab center. Mom now wants me to inherit. However, she cannot advocate for that. I am banned ( but I snuck in twice). CT has mom’s ID. Anything I can do short of suing for guardianship?
answered on Aug 5, 2023
No. You would need to petition the probate court for guardian and conservatorship. If this caretaking has proper documentation in the form of a POA, you face a significant uphill battle.
You say you are banned from seeing your mother; By whom? And why? Depending on your answers, you're... View More
Called the cops I opened my br door 4 the police when they asked. But they arrest
ed me for a warrant I had. Well when I went to jail the owner of the house sons went in my room without permission when police arrested me. Isn't that illegal in Michigan
answered on Aug 1, 2023
Not necessarily. A lot will depend on the condition of the man you lived with and whether you can establish tenancy. It sounds like the man has some mental or age-related conditions going on, causing some concerns from his sons about his vulnerability. Regardless of your intentions, you do not want... View More
My grandmother is in agreement about selling her house but the family wants to make sure that this will not result in any negative outcomes. She is paying out of pocket for the assisted living as it is not otherwise covered. She has SSI and Medicare only. She is not eligible for Medicaid, nor are... View More
answered on Jun 27, 2023
This situation is complex enough to warrant a consult with an elder law attorney AND a financial planner to help you all run through various scenarios and outcomes. In fact, there is so many products and strategies out there that you may just want to get at least two solid opinions because there... View More
My mother wants to pass the house on to me when she passes, but she also has the potential to be in long term care in the couple years. Will medicare take our house if she goes into long term care (or do they even currently have a lien due to my deceased father being in a nursing home)? How can we... View More
answered on Dec 5, 2022
There are ways to keep the house from being 'recovered' by Medicare (in Michigan) currently, but you need to insure it is done right or your mother may not be ELIGIBLE for Medicare.
Seek the advice and drafting assistance of a local probate / elder law attorney to be sure you do... View More
$7000 owed. Worth 60000. Can I buy it for what is owed and sell it at a later date without medicaid claiming it?
answered on Nov 29, 2022
You may want to talk with an estate planning / elder law attorney. There are ways of achieving what you're seeking, but buying it for what is owed is not one of them.
You
We have a power of attorney for financial and one for healthcare issues. My sister is named as primary on both with me as successor. We agreed that I would handle finances and she would handle healthcare. The bank wants a letter of resignation from her declining to be the agent for... View More
answered on Oct 30, 2023
Your sister is right to be concerned, creating a need for a conservatorship to be established. While everyone sounds to be in good terms now, you all could elect to do that now to save the hassle of having to do it in the midst of a crisis.
My parent's only asset is her house. She has very little cash. If I loan her money for essential expenses, will I be able to get that money out of the house when it is sold, before Medicaid is eventually reimbursed for nursing home care? Thank you.
answered on Oct 3, 2023
I suggest a Ladybird deed which would transfer the house to you on Death and there would be no Medicare recovery
answered on Feb 19, 2023
Some of us wish we lawyers had such superpowers, but the reality is that only a judge has that power. The affected person has due process rights and so is entitled to a hearing.
My dad is currently in the hospital, unfortunately looking at hospice, sold his home, I'm POA in Fact and neither bank that he previously had accounts with wont allow me to cash/deposit them and both our names are on the check. I'm also being prevented from opening an account and cashing... View More
answered on Oct 16, 2022
You have a written PoA that the banks won’t honor?
Without SEEING the documents it is impossible to provide useful advice. Who drafted the PoA? That would be the best attorney to approach but ANY estate planning attorney in your area can help — IF you provide them a copy of the... View More
Defendant is 94 years old.
answered on Oct 7, 2022
Way too much going on here that we don't know to form an opinion. If there is contempt, you can bring it to the court's attention, usually through a motion.
answered on Aug 23, 2022
No. Not unless your POA did something or failed to do something.
Dr. Kavanagh immediately suggested "pulling the plug" and after two visits to Borges we got her to Bronson where A bowel blockage was surgically removed, my Mom was sent home after only 24 hours and is recovering.
answered on Aug 2, 2022
Thank you. It sounds like you may have a civil or administrative issue to address with Borges or that particular doctor; you should start there to address your concerns about that sign. The other answers provided were all within the whelm of possibilities depending on the totality of the... View More
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