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Tennessee Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Health Care Law and Elder Law for Tennessee on
Q: My MIL lives with me in TN and has property in NC that is not habitable. Is property protected asset with medicaid

She is in need of long term facility care.

Nina Whitehurst
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answered on Sep 19, 2024

If the property your MIL owns in NC is in her name, it would be a countable asset for Medicaid qualification purposes and would most likely be disqualifying. However, there are techniques that can be used to obtain Medicaid qualification while still owning the property and trying to sell it. An... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My parents purchased a trust in Tennessee, the person who sold it was not an attorney and the fee went to the non attor

the fee was paid to a non legal office , the attorney drafted the trust and everything looks good, but is it legal for a non attorney to sell a trust and the money paid to the non attorney?

Anthony M. Avery
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answered on Apr 17, 2024

Trusts are not bought and sold. Often a trustee will sell trust corpus in parts or whole. Either you misunderstand what has occurred, or there is a fraud involved. You might be talking about the purchase of a Deed of Trust and the Note it secures, which is the transfer of a mortgage... View More

1 Answer | Asked in Elder Law, Estate Planning, Land Use & Zoning and Real Estate Law for Tennessee on
Q: For nursing home care will Medicaid look at the purchase of two plots of land individually or together for FMV?

I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More

Nina Whitehurst
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answered on Jan 14, 2024

Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More

2 Answers | Asked in Elder Law and Probate for Tennessee on
Q: How can they avoid or lessen the estate recovery?

Like: My parents have lived in their home for the past 39 years. But it remained in my grandmothers name even though she did not live in the home for the past 39 years. She left it to my dad in her will. Now tenncare estate recovery is coming after the home because one of her other children put her... View More

James L. Arrasmith
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answered on Oct 24, 2023

In situations like this, the primary concern is addressing the estate recovery claim made by TennCare. To potentially avoid or lessen the estate recovery:

1. Gather evidence to demonstrate the significant contributions and expenses your parents made towards the property, such as records of...
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1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Do we need to go to court, in TN, to terminate an irrevocable trust, in which a home is included?

Home in an irrevocable trust. Selling the home now, but grantor is still alive. All beneficiaries, trustee and grantor are in agreement to terminate trust. That way we could avoid paying taxes on all profit, and be able to get the first $250 k in profit free of taxes. Could we do it without having... View More

Anthony M. Avery
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answered on Oct 11, 2023

If the purchaser wishes to take such a title risk, then all interested parties might sign deed as grantors. But I would not draft that deed. It is recommended that a competent attorney be retained to read the Trust, search the Title, then file suit in Chancery to get authority to convey.... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: And Tennessee is it OK for a spouse with POA to take the money and give it to her son and not respect the wishes of the

My stepmother, 91 years old being controlled by her son has POA of My Dad and giving all his money to her son is this allowable

Anthony M. Avery
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answered on Oct 4, 2023

Someone with an interest and legal standing can sue the attorney in fact for breach of fiduciary duty. But there may not be anyone with standing. Hire a competent TN attorney to look into it, especially if it is a large amount of money/property involved.

2 Answers | Asked in Criminal Law, Estate Planning, Family Law and Elder Law for Tennessee on
Q: can he/she get a warrant out on them based on accusations? without questioning the other party beforehand

can they get a warrant out on someone without facts after threatening other parties. making accusations

Brandon D. Fersten
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Brandon D. Fersten
answered on Mar 27, 2023

Unfortunately he said/she said occurs in far too many criminal cases but the allegations of one individual is enough for the police to get a warrant for your arrest if it is enough evidence to support probable cause of the offense. If the individual is making threats to you and/or other individuals... View More

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1 Answer | Asked in Elder Law and Estate Planning for Tennessee on
Q: At what point does the state of Tennessee appropriate land for elder care?

The land belonging to the senior. If a beneficiary is added to the land title? Is there restriction if the land is under a land contract?

Anthony M. Avery
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answered on Mar 9, 2023

There is no minimum, and I have seen the State pursue to sale a $ 17,000 lien. The owner needs an attorney to look at options, for which time is a consideration. There are criminal sanctions involved, so it is serious. With a house and alot of acreage, very good options exist.

2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... View More

Anthony M. Avery
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answered on Mar 2, 2023

If a Deed is executed then the property goes where the granting and habendum clauses say. It does not become subject to a Will Devise later if it is a fee conveyance. The grantees take the Estate when executed.

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2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... View More

James L. Arrasmith
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answered on Mar 2, 2023

It is important to consult with an attorney who specializes in estate planning and real estate law in your state to help you navigate this process. They can advise you on the legal options available to you and help you draft a legally binding agreement that ensures the transfer of the house to you... View More

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1 Answer | Asked in Family Law, Probate, Elder Law and Estate Planning for Tennessee on
Q: How can I file charges against a brother and sister that removed and sold cars titled to dad mom is still alive.

Auto,s guns and much more taken an sold . They are taking from my mom which is elderly but is of sound mind herself

Nina Whitehurst
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answered on Feb 13, 2023

First you would need to get yourself appointed as the executor or personal administrator of your dad's estate. Then you would be tasked with marshalling your dad's assets and if some of them were stolen then you could file lawsuits against the thieves for return of the assets or the... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: Can a Durable Power of Attorney access a ROTH IRA held at Vanguard for health care and living expenses?

Account owner is in memory care.

Anthony M. Avery
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answered on Jan 31, 2023

It should if it is drafted and executed correctly. Administrator will probably want an original DPOA, unless you can get them to accept a copy. If not, a conservatorship may be preferable instead of a Declaratory Judgment and Recovery Action where jurisdiction will always be a problem.... View More

1 Answer | Asked in Elder Law for Tennessee on
Q: How to change a POA for someone who's incarcerated?

He's 79 his wife has had poa for the past few years altho they've not lived together for the past 15 years. He no longer wishes for her to have poa so I'm wondering how does he change it

Anthony M. Avery
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answered on Jan 9, 2023

He Revokes the POA in writing under a Notary. Execute about 3 originals. Send one to the attorney in fact, and record one in the County he may have property. If there is a Bank involved, deliver one to it first.

1 Answer | Asked in Real Estate Law, Criminal Law, Estate Planning and Elder Law for Tennessee on
Q: Can a power of attorney block and or control visitation on his property from the principals children against his wishes?

The power of attorney built a home on the principals property the principals had no conflict with his children and planned for his daughter to spend the week for his birthday the power of attorney has blocked all communication from the principals other children against his wishes and told them to... View More

Cayley Turrin
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Cayley Turrin
answered on Oct 3, 2024

Depends on the specific power of attorney. I would consult with the attorney that drafted it.

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: My mother had a revocable living trust. She passed in2020 and I am her only child. No one was named as trustee. How can
Anthony M. Avery
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answered on Aug 22, 2024

If no trustee then no trust was created. Are there assets titled in the trust's name? If so you need an attorney to go after those assets and have them declared owned by Mother's Heirs and Next of Kin.

1 Answer | Asked in Consumer Law and Elder Law for Tennessee on
Q: Are there cases in Tennessee whereby a Power of Attorney has filed a lawsuit on behalf on their people?

The lawsuit in this case is civil, and involves an elderly person against an insurance company. The POA is representing the elderly person who has no knowledge and needed this help.

Anthony M. Avery
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answered on Jul 2, 2024

Many power of attorneys authorize the attorney in fact to file and defend suits for the principle. Read the POA for this term.

1 Answer | Asked in Elder Law for Tennessee on
Q: In which state do I file a civil action of elderly abuse/ financial exploitation; state of the abused or state of abuser

Brother resides in Ga, has power of atty, guardianship and executor of estate for my living elderly parents who live in Tennessee. Financial exploitation and emotional abuse.

Which state do I file for prosecution.

Anthony M. Avery
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answered on Jan 25, 2024

You call the LEO in the County and State where crimes occurred.

1 Answer | Asked in Elder Law for Tennessee on
Q: I have a ticket for due care , idk what to expect. and have no clue what my charges could be. Will I face jail time
Anthony M. Avery
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answered on Jan 3, 2024

That is a C misdemeanor, rule of the road violation. Go to Court respectful and maybe some type of diversion will occur where no points go to your MVR. You could hire an attorney, especially if there was a collision, as insurance will be involved.

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Tennessee on
Q: Removed from Will by executor after the executor

I was recently removed or excluded from Will that my grandfather had created by the executor. I believe this is not against the desires, or the will unless intestine of my grandfather, which I do have, but I have not have the signed copy of the executor has changed this and has no longer following... View More

Anthony M. Avery
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answered on Dec 6, 2023

What is your question? You will have to rewrite your request.

1 Answer | Asked in Family Law, Legal Malpractice and Elder Law for Tennessee on
Q: My cousin lives out of the country. His mother, my aunt, has dementia. Am I legally responsible for her if he has POA?
Joel Gary Selik
Joel Gary Selik
answered on Nov 30, 2023

You are not legally responsible for your aunt unless you have taken on that responsibility.

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