Ask a Question

Get free answers to your Elder Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Texas Elder Law Questions & Answers
1 Answer | Asked in Criminal Law and Elder Law for Texas on
Q: dad lent mom's car to daughter without mom's consent. mom is brain damaged from a stroke. mom wants car back and they...

won't return it. can I report it stolen? I am their son. the car is in Mom''s name.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Elder Law for Texas on
Q: My sister sold our 87 year old moms home and left her with me because My mom no longer had a home

Sold our moms home and pocketed all the money. Now our mom no longer had a place to live.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Family Law, Domestic Violence and Elder Law for Texas on
Q: How can revoke the granting of a power of attorney?

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)?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Civil Litigation, Divorce, Family Law and Elder Law for Texas on
Q: Are there any rules that prevent a husband from financially and emotionally abandoning his own wife? Selling assets.

Is there any legal defense a spouse would have against this tyranny?

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Estate Planning and Elder Law for Texas on
Q: am I eligible for medicaid in texas with eligible SS income and resources, but also a testamentary trust ?

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 .

Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Civil Litigation, Consumer Law, Elder Law and Libel & Slander for Texas on
Q: How do I find lawyers to sue local MLS and big RE agency, who demand fee from me to disparage my premier property?

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.

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Texas on
Q: How long is the statutes of limitation for Annunity checks?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Estate Planning, Elder Law and Probate for Texas on
Q: Can a company just completely keep every thing about late husband's Estate from from his Widow.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

Q: As the Widow of my late husband who has the 52 utility Patents, should I have been told about the patents?

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

John Michael Frick
John Michael Frick
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

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Texas on
Q: 1. How do I get visitation rights to see my 89 year old mother? One brother is preventing other family from seeing her.

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Elder Law and Family Law for Texas on
Q: As Power of Attorney for my mother, am I liable for charges for her stay in a nursing home?
John Michael Frick
John Michael Frick
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

1 Answer | Asked in Estate Planning, Real Estate Law, Probate and Elder Law for Texas on
Q: I’m the POA and guardian of my grandfather and his estate. He sold it a month before death for 10 dollars. Is it legal?

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

John Michael Frick
John Michael Frick
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

1 Answer | Asked in Elder Law for Texas on
Q: A man intentionally and knowingly steals property From a elder man.

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Estate Planning and Elder Law for Texas on
Q: Our family trusts, healthcare proxy, etc need update to address and daughter's last name. Codicils okay? Or rewrite all?
John Michael Frick
John Michael Frick
answered on Nov 13, 2023

While you can use a codicil to update your wills, it will make things easier and more clear for your heirs, trustees, proxies, and the court if you simply rewrite them how you want them to be now. Once you update them, collect all of the old ones and discard them.

I have actually had a...
View More

View More Answers

2 Answers | Asked in Estate Planning and Elder Law for Texas on
Q: Our family trusts, healthcare proxy, etc need update to address and daughter's last name. Codicils okay? Or rewrite all?
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 13, 2023

It sounds like daughter has changed her name. None of the documents you mentioned need to be mentioned solely for that reason. When the time comes she can easily prove she is the same person as the one named in those documents.

But if you have other changes then best to replace them all...
View More

View More Answers

3 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: I've been charged with a crime and the lawyer wants to talk to me should I speak with them with her without my lawyer

I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case

Daniel Patrick Clancy
Daniel Patrick Clancy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

The simplest answer is, "absolutely not"! It would help to know more about your case. Where is it, what is the charge, and when did the offense allegedly occur? I might be able to offer a little more advice with the additional information, but it's never a good idea to meet with law... View More

View More Answers

3 Answers | Asked in Criminal Law and Elder Law for Texas on
Q: I've been charged with a crime and the lawyer wants to talk to me should I speak with them with her without my lawyer

I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case

Michael Hamilton Rodgers
Michael Hamilton Rodgers
answered on Sep 3, 2023

Never speak with any police officer in a case where you're even merely a suspect or "a person of interest". Although your question is worded in a way that makes it largely unclear, what is clear is that you seem to be suffering from a very real misundertanding of your present... View More

View More Answers

1 Answer | Asked in Probate and Elder Law for Texas on
Q: My mother recently passed away in New Boston Tx, I live in Ca. Do I need to be in Texas to probate her estate?

Also after she died, someone she knew took both of her vehicles and has refused to return them. I've called the police and they said I need a court order for them to retrieve them. How can I obtain one? Do I need to be in Texas to do so?

John Michael Frick
John Michael Frick
answered on Jul 25, 2023

You should hire a probate attorney in or near New Boston to probate your mother's estate. Since you reside out-of-state, you will need to designate someone in Texas as the registered agent for service on your behalf if you want to serve as the personal representative of her estate. Once you... View More

1 Answer | Asked in Elder Law for Texas on
Q: I'm trying to change my beneficiary on my life insurance and I was told that I needed an attorney not notory
John Michael Frick
John Michael Frick
answered on Jul 18, 2023

It would be highly unusual for you to require the services of an attorney to change the beneficiary on your life insurance policy. Most reputable insurance companies have their own form for a change of beneficiary. A customer service representative for your life insurance company ought to be able... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.