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My 78 year old husband was taken to the ER for Suicidal Ideation caused by his memory issues. They took his clothes , credit cards phone and wedding ring. They did an inventory. He was transferred to a psych hospital. When he checked out of the psych hospital the gave him his clothes, phone and... View More 
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answered on Nov 8, 2024
If the ring was worth alot of money you can sue for conversion in General Sessions Court. You will need an attorney, witnesses to the ring's turnover and coming up missing, and its value. Name of hospital and its registered agent will have to be determined. Adding a suspected nurse as a... View More
She is in need of long term facility care.
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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
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?
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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
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
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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
I have been living with my 82-year-old mother and 56-year-old handicapped sister for the past few years, helping take care of them. Our landlord is threatening eviction. He's particularly pressuring my mother to evict me despite my necessity in caring for them, and is now also threatening to... View More
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answered on Apr 12, 2025
I’m really sorry to hear about the stress you and your family are facing. It sounds like you’ve been caring for your mother and sister under difficult circumstances, and eviction under these conditions could be especially harsh. In Tennessee, tenants have legal protections, and eviction can be... View More
I am not my mother's legal caregiver, and we do not live together. Since I am the only family member nearby, is there any way I can be held responsible for neglect if she encounters an issue?
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answered on Mar 7, 2025
You should not have any liability if there is no other connection between you besides being a relative. However someone might claim some duty later and sue upon its alleged breach.
I was given judicial diversion and placed on probation for a misdemeanor charge in Tennessee. I committed a technical violation for failing to pay my probation fees/fines, as I became a full-time caregiver for my elderly parents who are on fixed incomes, and couldn't afford the payments.... View More
answered on Feb 25, 2025
Yes but I would hire an attorney so you can have the best chance possible.
My husband's office requires a POA document to communicate with entities such as insurance and payroll on his behalf. Could you please advise? I have prepared a draft and would appreciate it if you could review it to confirm if it's acceptable. If any changes are needed, please let me... View More
answered on Jan 21, 2025
Our office or many law offices would be available to review your draft POA. It should be notarized. You should consider other documents such as a POA for health care decisions if you are going to be looking at things like insurance. You may want to look into this as well.
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
answered on Oct 3, 2024
Depends on the specific power of attorney. I would consult with the attorney that drafted it.
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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.
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.
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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.
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.
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answered on Jan 25, 2024
You call the LEO in the County and State where crimes occurred.
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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.
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
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answered on Dec 6, 2023
What is your question? You will have to rewrite your request.
answered on Nov 30, 2023
You are not legally responsible for your aunt unless you have taken on that responsibility.
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
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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
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
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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.
My mother has been living in a memory care facility in Washington county, OR since 2016 and my father lives in Manatee county, FL. He is running out of money and needs to sell it. The lot is in a neighborhood in Farragut, a suburb of Knoxville. What options does he have to either sell or get money... View More
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answered on Mar 27, 2023
Has anyone offered Mother a QCD to sign? There may be potential State Liens, so a title search is needed. A Partition Sale might work where a Guardian is appointed for her, but again, Liens could attach to proceeds.
can they get a warrant out on someone without facts after threatening other parties. making accusations
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
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?
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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.
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