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?
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 »
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 »
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 »
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.
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 »
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 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 »
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 »
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 »
I have a 69 year old cousin who lives alone. My cousin was befriended by a woman in the same apartment complex. Over the course of a year, this woman ‘helped’ my cousin spend $100,000 from an investment account. My cousin gave her money ($5000, twice), paid for food, gas, footed her spending at... Read more »
Contact the local police also to report the neighbor's conduct, and have your cousin tell the police that she no longer wants any contact from this neighbor. If the contact persists after the neighbor is so notified, she could face criminal harassment charges. It's worth a try....Read more »
My husband and I have been married for 30 years, his oldest daughter seems to think that she can override me when the time comes to put her father my husband in a nursing home. She lives in NC, can she do this?
I do not practice in this area of law but I really doubt that she can do this unless she has herself appointed guardian. She'd have to do that in the state and county where your husband lives and he, and I believe you as well, would have to be notified of her petition.
The answer to that question depends on additional information that you would need to provide. However, I can say the Medical Assistance laws provide protections for a spouse that would include the marital residence if the healthy spouse is residing in it. You mentioned that you are separated, so...Read more »
Only 1 heir (me), no mortgage, no debt either side. mom is 82., dad passed in the fall - sister passed 25 yr ago (not married). I live 1 hr+ away. She just got a settlement from asbestos suit, so do not have to use home for equity to help with monthly bills and taxes for the time being - not... Read more »
They have been separated for 10 years and he was in a accident a while ago and deemed incompetent. She lived a rough last year, and just passed away. His family is now trying to take the estate. What can I do?
You need to consult with a lawyer to examine the deed. If you and your mother own the home as joint tenants with right of survivorship, her interest would pass to you automatically, but it will cost you 4% inheritance tax on her portion. If you own the home as tenants in common, her interest...Read more »
Just trying to get some advice. My boyfriend lives with his grandfather. His grandfather has no will and was just diagnosed with stage 4 brain cancer. We live in PA so there's no next to Kin laws. He does own a house but with mortgage. His mother and Aunt believe they can come in and take... Read more »
I am not sure what you mean when you say that Pennsylvania has no next of kin laws. There is a statute, commonly called the Intestacy Act, which provides what happens in an estate where there is no Will. In the circumstances you have described, if the grandfather has no Will, all of his assets...Read more »
I live in Pennsylvania, northampton county... I'm currently in a long term relationship (11 1/2 years). It has been extremely mentally abusive. I want out and am trying very hard to get out. However, he has always had the upperhand, and still does, to point that I look and at times act insane... Read more »
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