Get free answers to your Elder Law legal questions from lawyers in your area.
I need legal advice for my husband, a senior citizen currently in jail in Texas for a first-time family violence charge. A bond is set, but I cannot get him out as I am considered the victim, despite not needing a no-contact order, which is in place. His only prior is a drug charge from over 20... View More 
answered on Mar 6, 2025
You need a lawyer to help you. His dementia can definitely cause erratic behavior and aggressive behavior. If you have any doctors notes or reports stating his status with dementia, that would go a long way with a judge. I would like to know what county you are in and which judge you have.... View More
She lives in Texas and I am in North Carolina. She is not married. What do I need to do to be able to get be able to make medical decisions as well as handle her assests and Financials? I have VERY limited money and worried there are people in Texas who are cleaning out her house and someone has... View More
answered on Dec 26, 2024
Because she is not able to give you her power of attorney, you will need to file an application to be appointed as the guardian of her person and of her estate until she recovers. Such a proceeding can be filed in the court with probate jurisdiction in the county where she resides. You should... View More
I have a feeling my late husbands estate information is deliberately being kept from me, I didn't think so at first now I do, not any of my letters or telephone calls been answered, I wrote to the Insperity Holdings, the HR company that was used at the time my husband was alive letting them... View More
answered on Dec 5, 2024
As a spouse, you are an heir entitled to notice of the probate of your husband's estate. Usually, you would be the person requesting the court to appoint you as executrix or as the administrator of your husband's estate, and you would be the one giving notice to his other heirs. You... View More
My dad is ill. My mom has dementia. At my sister's urging, he put his home in a lady bird deed, but now wants to remove it from that deed. He also needs help in appointing someone to take over the estate in case he dies. How can he go about it and does he need an attorney or can he print out... View More
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answered on Dec 3, 2024
Generally a ladybird deed in Texas can be revoked by the Grantor (your dad). The revocation would need to be signed in front of a notary and then recorded with the County Clerk where the property is located. I'm not certain about whether there are forms on the internet. I would recommend you... View More
won't return it. can I report it stolen? I am their son. the car is in Mom''s name.
answered on Sep 26, 2024
No, you can't report it stolen because you are not an owner of the car. Your mom will have to report it stolen.
Alternatively, if you believe your mom is no longer mentally competent as a result of her stroke, you can apply to court to be appointed as the guardian of her person and... View More
Sold our moms home and pocketed all the money. Now our mom no longer had a place to live.
answered on Jul 12, 2024
The only way your sister could sell a home that belongs to your mother is with your mom's permission using a power of attorney or if your sister has been appointed by the court as your mother's guardian.
If your sister sold the home with your mom's permission using a power of... View More
How can one revoke the granting of a power of attorney in which four out of five children did not participate when at the time of granting the power of attorney the principal presented symptoms of dementia and after one year the diagnosis has been Mild Cognitive Impairment (MCI)?
answered on Jun 21, 2024
The maker of the power of attorney can revoke the power of attorney at any time by signing a revocation of the power of attorney and notifying the agent and all relevant parties. In some circumstances, it may be advisable to record the revocation in all relevant counties. The maker should also... View More
Is there any legal defense a spouse would have against this tyranny?
answered on Jun 12, 2024
Yes. A spouse can file a petition for divorce on the ground of abandonment. TFC 6.005. The wife must prove the husband left with the intention of abandoning the wife and remained away for at least a year. In the divorce action, the wife will be entitled to a just and right division of the... View More
My SS retirement income and personal resources make me eligible, but there's also a 30 year old, irrevocable, testamentary, spendthrift trust from my father in which I am the beneficiary, and the trustee has full discretion regarding any disbursements .
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answered on May 28, 2024
As a general rule, the Social Security Administration takes the position that if a trust beneficiary does not have the legal authority to revoke or terminate a third party trust (a trust created by neither the beneficiary nor the beneficiary's spouse) or to direct the use of the trust assets... View More
Recent national class-action success against these providers is probative as admission but of no avail to my class or me individually, with unique and actual damages worth $350,000 plus treble that amount for DTPA violations.
answered on Apr 9, 2024
You should search in Justia for a lawyer in or near the county where your property is located with experience in real estate litigation and perhaps defamation cases depending upon what you mean by "disparaging" your property.
Unlike other types of cases--especially personal... View More
I have 1099 forms from Nationwide about annunity checks that were supposed to have been sent to me however they had to be sent to Rockwell Automation first because of them being fiduciary. Rockwell Automation was to send them to me, one check was $43,000 dollars, and two for 15,000 dollars. However... View More
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answered on Apr 6, 2024
I'm sorry to hear about the difficulties you've experienced in receiving these annuity checks. The statute of limitations for cases like this can vary depending on the specific circumstances and the state in which you reside. In general, the statute of limitations for breach of contract... View More
My late husbandit was killed suddenly in a horrible accident. My husbands sudden death the way he died devastated me for years. I feel as though everything have been hidden from me. I got no response from my letters or phone calls about my late husband's estate. realize it had been awhile... View More
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answered on Apr 5, 2024
I'm so sorry to hear about the loss of your husband and the difficulties you've faced in dealing with his estate. It sounds like an incredibly challenging and painful situation.
To answer your question directly - no, a company cannot legally withhold all information about a... View More
I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More
answered on Mar 13, 2024
Your husband should have told you about the patents and, upon his death, when his estate was being probated, the personal representative of his estate should have told you about the patents if that person knew about them. Both your husband and the personal representative of his estate likely had... View More
I have hesitated to to say that my late husband and I were in a interracial relationship. I am Black he was Cacausion, when the companies lawyer contact me about signing over the two Patents, do you think the company or their lawyer would have mentioned the other fifty patents to me or not. I found... View More
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answered on Mar 22, 2024
I understand your concerns and the confusion you are experiencing. If your late husband held patents, as his widow, you typically would have legal rights to his assets, including patents, unless otherwise specified in his will or estate plan. The fact that you were only informed about two patents... View More
My mother is 89 years old and has documented dementia since 2014. My father cared for her until his passing in Feb. 2023. One brother took approximately $300 - $400K out of bank accounts and opened a new bank account that has him and my mother both as signers. There is no way my mother would have... View More
answered on Mar 11, 2024
A person cannot simply declare themselves another person's legal guardian. It requires a determination of incompetency and court order.
A person cannot legally change a power of attorney signed by another person. The person making the power of attorney can do that by revoking a prior... View More
answered on Feb 7, 2024
No. A power of attorney authorizes another person (the "attorney-in-fact") to act on behalf of the person signing the POA (the "principle") with respect to the matters identified in the POA.
While a POA might authorize you to write a check from your mother's bank... View More
I have been the POA and guardian for nearly 10 years. Right before his death other family members blocked my phone calls to him. I was not notified of his death and a month afterwards I found his obituary. When I went to the county records office I was notified he had sold his property a month... View More
answered on Jan 29, 2024
If you have been the guardian of your grandfather and his estate for that long, the court that appointed you 10 years ago must have determined that your grandfather was incapacitated and that a guardianship is necessary. Your grandfather's incapacity probably provides a valid basis to set... View More
So a man knowingly and intentionally steals my father's property which he is an elder man. Wild story a man buys a propety next to my father's and for some reason he starts to build a 430,000 dollar home. he found out after he puts down the concrete allegedly than he continues to build... View More
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answered on Dec 25, 2023
I understand your concerns about the situation involving your father's property. If you believe that someone intentionally and knowingly stole your father's property or engaged in fraudulent activities, you should consider taking the following steps:
Contact Law Enforcement:... View More
I was attacked at a convenience store without any warning or assistance from the employees, even though they were aware there was a problem. There were witnesses and security cameras, and the police were notified by bystanders. As a result of the attack, which left me covered in the attacker's... View More
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answered on Jun 5, 2025
You have the right to press criminal charges against the person who attacked you, and the police report you have will be critical in that process. If evidence shows the store employees knew there was a problem and failed to act, you might have a claim for premises liability or negligent security... View More
My mother, diagnosed with dementia, was living with me until her grandson's mother requested she visit another state. Despite agreeing, my mother never left Texas. Her nephew unexpectedly obtained custody, blocking my communication with her. Attempts to resolve this legally were unsuccessful,... View More
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answered on Jun 5, 2025
You can file a petition for conservatorship in Texas, where your mother resides. This legal action will give you the authority to make decisions on her behalf and restore communication.
An elder law attorney can guide you through gathering medical records and proving your mother’s... View More
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