wife dies December 6. Leaves only asset condo to her daughter. husband dies February 5 without filing spousal election. Can his daughter make election?
answered on Feb 8, 2023
Depends of what the Will says. Most Executors do have that power.
I am selling commercial property with both our names on deeds. We were in the process of doing this together before his passing but never started any listing etc. I just want to sell as is, no contingency, cash only. Must I probate the will or can I just proceed as we were planning?
answered on Oct 25, 2022
If both you and your husband's name are on the deeds for these properties, then your ownership probably was "tenancy by the entireties" - a form of ownership for married couples under which when one spouse dies, the suriving spouse becomes the sole owner by survivorship. The... Read more »
I recently switched company's and my client I had with my old company changed to the current company I'm with now before I started there the client in question wants me to still be their caregiver and I would too but we both signed a paper in short that can't happen until a year has... Read more »
answered on Aug 25, 2021
It sounds like you have a non-compete and/or non-solicitation agreement with your former employer. If the agreement is enforceable, and you violate the terms, your former employer can sue you and your new employer. You should have your contract containing the non-compete/non-solicitation... Read more »
She lives in filth, doesn't eat, can't clean herself and sits and sleeps in her own feces and urine.
answered on Aug 3, 2021
I would approach an elderlaw attorney who is certified; the area office on aging can be of help.
My mother has dementia. My father can no longer take care of her. My sister discovered she was hiding her medication which allowed her to become violent. She has been in hospital since last episode and back on her meds with no violent episodes for over a week. A county run facility near her home... Read more »
answered on Jun 21, 2021
Call the office of aging in the area. Get a consult from a certified Elder Law attorney. Contact each if your County Commissioners.
then ignore said beneficiary requests for an explanation?
answered on May 22, 2021
The powers of any Trustee are prescribed first by the wording of the Trust document itself, augmented by the powers specified in the PA statutes.
To answer your question correctly, a lawyer would need to examine the wording of Trust document.
Are there any rules governing what a Trustee must do to ensure they know what IS & IS NOT in the beneficiaries best interest and act accordingly?
answered on May 20, 2021
Entire books have been written on this subject, and this has been the subject of numerous lawsuits across the country. There is no simple one-size-fits-all answer, I am sorry to say. If you have a particular action in mind and would like legal advice regarding that, you should consult with an... Read more »
My father got involved with a woman facing legal troubles and believes he is funding a big top secret lawsuit against a gov. agency. However, no legitimate lawyer is ever produced when asked and some tragic event always occurs to prolong the case. It's been 5 yrs. He gave away all of his... Read more »
answered on May 19, 2021
If your father refuses to sign any documents, even for a loan from you, you can (if the amount is doable) approach the holder of the Note and Mortgage and offer a pay-off in exchange for an assignment of the existing Mortgage and endorsement of the Note to you. The bank should be happy to work... Read more »
Upon returning - we were required to disinfect all areas between patients with new disinfectants, masks and shields. By afternoon this had me vomiting violently. Sent home on many occasions suspected of infection. Occupational Medicine would not see me. I was consistently approved for time off... Read more »
answered on May 11, 2021
That is indeed a complicated set of facts. It sounds like your doctor has indicated your condition is related to a work related chemical exposure. As such, this may be considered a work injury. If you have not already provided notice to your employer of a work injury, you have 120 days from the... Read more »
answered on Feb 18, 2021
You can find public access to Pennsylvania’s civil court docket online. You can search by party name to locate either 1) the name of the injured nursing home victim or 2) the legal entity name of the negligent nursing home.
Her mom lives in an apartment above her garage and is in the end stages of life. Her sister from NYC and brother from Florida are denying her necessary medical care. Can she obtain a restraining order?
answered on Oct 14, 2020
She might consider filing a petition for guardianship of her mother, alleging that she needs assistance caring for herself and determining who can see her, and her current care-situation is insufficient. An estates attorney should be able to help you prepare and file such a petition.
My property is the joint property of my son and me. Should I pass away before my husband, my husband has lifetime residency of the house but it reverts to my son. If I should have to go into a nursing home is my son responsibile for my expenses since he is part owner of the house? I can't turn... Read more »
answered on Oct 14, 2020
Your could be responsible for your nursing home payments if he signs a personal guarantee, or something similar for the nursing home, promising to make payment if you or your estate assets run out of funds. Alternatively, if you ran up a significant bill that the nursing filed a suit in order to... Read more »
I was told if she was put in a home that the state would take the property and whatever is in her bank account. It is in her will that the house and the property goes to me and my brother l, but if her Dr. Says she needs to be put in a home, I was told the state will take the property. So I wanted... Read more »
answered on Oct 14, 2020
If she was diagnosed with dementia, then although she will logistically be able to sign title over, the conveyance will be subject to reversal, on the theory that she lacked cognitive capacity at the time of the conveyance, to convey title. For that reason, it's important you look at any... Read more »
About 6 years ago, my dad went into an assisted living facility and, AT THAT TIME, a lawyer put most of his assets in an Irrevocable Income-Only Medicaid asset protection trust. At the time, costs were reasonable ($3500/month) and he had a good Long Term Care policy. My dad went through with this... Read more »
answered on Jan 4, 2020
Except in California (where the lookback period is only 2.5 years), the Medicaid lookback period is 5 years. That means Medicaid pre-planning must be done at least 5 years in advance of the need for long-term care. When it comes to Medicaid pre-planning, an accurate crystal ball is extremely... Read more »
The office of aging claims that she can be legally responsible for them (mother and father). She DOES want to be helpful and a good daughter but does she need to be there 24/7? She has had to leave her job and is a ‘prisoner’ to their home. This is all until they are placed in a nursing home.
answered on Dec 15, 2019
Pennsylvania is unusual (compared to other states) in that it does impose on relatives the obligation to care for and maintain or financially assist indigent persons.
Here is the Pennsylvania statute:
§ 4603 Relatives' liability; procedure
(a) Liability.--... Read more »
Or, does a court review expenditures, as a matter of process, after a POA has been appointed? I can only guess it was a general POA. The principal (a PA resident) has, since, passed and, while I understand the POA was terminated with the principal's death, I fear the estate (small) is less... Read more »
answered on Oct 1, 2019
this is a very broad question so at best can give a general answer. If this was a POA pursuant to a written General POA signed by the principal (as opposed to a court appointed guardian or agent) then there is not much oversight unless the principal or someone on behalf of the principal reports... Read more »
My father passed away in a nursing home. Not only did they lie about the time of death but my father was struck in the face after he died.
answered on Jul 2, 2019
Call the police department in the town where the nursing home is located, and tell them you want to file charges.
Best of luck to you.
My sister (actually best friend) has been placed in a nursing home permanently. Her immediate family will not clean out her apartment. It is paid up for the next two weeks, which is the end of the month. She has nobody else to do it. She stands to lose everything if the management has to clean it... Read more »
answered on Nov 21, 2018
When you say clean out, does that mean you intend to store her effects or get rid of them? Even though she doesn't have a will doesn't mean there will no be an estate raised. You might do best with staying out of this or, if your conscience won't allow that, then you could meet with... Read more »
I have powerful video and paper evidence of his civil rights bieng extremely violated. I was told by NH staff he was deemed incompetent after he signed Medical proxy to me - in front of me , I have pictures - documents -video evidence to provide
I checked with courts - he was not deemed... Read more »
answered on Sep 11, 2018
There may be a claim the estate can make. Whether it's a claim for the DA is up to the DA for the county where it happened. Feel free to call me and I can recommend some attorneys who can discuss the case in more detail with you. Do understand nursing home cases are difficult as the people go... Read more »
Her daughter lives in Virginia, has power of attorney and cleaned out her house of clothes, dinnerware, dishes, bowls, spoons, furniture, bed and box spring...
answered on Aug 15, 2018
I don't know what your question is. The fact that the daughter holds a Power of Attorney is irrelevant. That would not give the daughter the right to remove those things without her mother's consent.
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