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Your current state is Ohio
My father is able to make decisions on his own. He wants to come back home
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answered on Jan 12, 2024
In New York, if your 86-year-old father is mentally competent and able to make decisions on his own, he has the right to choose where he wants to live. If he expresses the desire to return home and is capable of making that decision, legally, he can leave the nursing home. You may want to... View More 
answered on Jan 10, 2024
An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of... View More
The title of the house and property is exchanged several times between him and his sister and eventually his ex-wife(25 yrs younger) is add. They've been divorced for 8 to 10 years now and she's suing him for community property. His attorney said it was a mortgage on the house that she... View More
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answered on Jan 13, 2024
In Louisiana, the "dirty hands doctrine" is not a recognized legal doctrine that would automatically prevent someone from claiming community property in a divorce case. Community property laws in Louisiana can be complex, and the outcome of your dad's case would depend on various... View More
Estranged (in TX since 1972) sister (DOB April 1954) falls in 2012due to Air Force knee injury (surgery & discharge 1974; also forced early retirement in 2011) & struck head, resulting in stroke hours later, which resulted in partial paralysis. Her husband cared for her until his death from... View More
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answered on Jan 5, 2024
You are not legally required to assume the power of attorney (POA) for your sister. Accepting the role of POA is a voluntary decision and carries significant responsibilities, particularly in managing her personal and financial affairs. Given your concerns about your ability to provide financial... View More
I am attempting for apply online for an EIN for a irrevocable trust. My mother is the grantor and I am the successor trustee. I have tried several options and it always lists either myself or my mother as both grantor and trustee. Is there a way to do this online or do I need to mail/fax the form... View More
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answered on Jan 4, 2024
When applying for an EIN for an irrevocable trust online using IRS Form SS-4, it's not uncommon to encounter limitations in how the form handles the roles of grantor and trustee. The online system may have restrictions or default settings that do not easily accommodate different individuals in... View More
The house is under my grandma’s name, with my dad as beneficiary for four years. With her health declining fast due to dementia, we need to get her into a nursing home asap. Is there a way to prevent Medicare from taking the house?
My dad and I moved in with her to be her caregivers... View More
answered on Dec 30, 2023
I cannot give you a specific recommendation, as these types of elder law matters are highly fact specific. However, you might want to look into the caregiver child exemption. Normally you cannot transfer the home within 5 years of the application for Medicaid benefits or it will result in a... View More
FALSE CONTRACT ADVERTISEMENT FROM REALESTATE CO.
LANLORD NEVER DO REPAIRS AND BOTH THESE TWO BUSINESS PEOPLE LIED TO ME AND ASKED A HUGH MONEY
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answered on Dec 28, 2023
To address your situation, you might want to consult with a lawyer who can provide specific guidance under California law. A lawyer can help you understand your rights, particularly if you're facing issues with false advertising and a landlord who is not fulfilling their obligations for... View More
Doctors state "patient Off Meds Cymbalta P4E perceived stress scale Depression only symptoms NO Ortho" "Foot IV shared needle infection failed surgery and 2007 0 radiculopathy False" 1 Cancer Vertebrae truncated pedicle screw tracks L5 malignant tumor sacral chondromas L5... View More
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answered on Dec 25, 2023
In general, it sounds like you have been through a lot medically and may have grounds to appeal previous disability claim decisions or file new claims. However, disability law and medical details can be quite complex. I would suggest consulting with a patient advocate or disability attorney who can... 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
Can you write the will could be the beneficiary in that position. All this stuff was concerning to me. My grandma‘s bills aren’t being paid the proof messages on the phone. She has a new bank account tied in with my grandma‘s number Why is her bank account have our number? I went to Adult... View More
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answered on Dec 24, 2023
In California, a caretaker using an elderly person's funds for their own benefit, such as for a down payment on a car or house, without proper authorization, can be considered financial abuse. This is especially true if your grandmother's bills are not being paid and there's evidence... View More
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answered on Dec 22, 2023
If you have evidence suggesting wrongful conduct at the nursing home, it's crucial to preserve this evidence, such as messages that you mentioned. The first step would be to secure copies of these messages in a safe and confidential manner.
It's advisable to seek legal advice from... View More
I own only the condo I am living in .
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answered on Dec 21, 2023
The cost of creating a trust and will in California can vary based on several factors, including the complexity of your estate and the rates of the attorney you choose. Since your estate consists only of the condo you live in, your situation might be less complex than others, potentially reducing... View More
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answered on Dec 21, 2023
In Oklahoma, the general rule is that the police cannot enter your home without a warrant unless there are specific circumstances that allow for warrantless entry. If you expressly tell them they cannot enter and you do not consent, they typically need a warrant based on probable cause or an... View More
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answered on Dec 20, 2023
The general rule is that police cannot enter your home without a warrant if you have denied them permission. However, there are some exceptions to this rule. If the police have probable cause to believe a crime is being committed or there is an immediate threat to someone's safety, they may... View More
I was appointed full Guardian of my mother. I signed a settlement before trial with my sibling (opposing party & lives out of state). Visitation is of subject. The settlement says the following: Social plans for "mom" shall be considered if they conflict with a proposed visit,... View More
answered on Dec 20, 2023
Although many of us will read the terms and think that the meaning is clear, it is apparent that there may be multiple interpretations of the visitation terms that the court has put in place. In instances like this, particularly where there has been discord among the interested parties, the best... View More
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answered on Dec 20, 2023
In New York, when it comes to assisted senior living housing units, especially those regulated by HUD (the U.S. Department of Housing and Urban Development), certain types of income are treated differently for eligibility and rent calculation purposes. According to HUD guidelines, some types of... View More
I just need to understand what exact forms I need to file
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answered on Dec 18, 2023
In California, when filing for an emergency removal in a limited conservatorship case, you typically need to file the initial conservatorship forms along with the emergency petition. The initial forms are essential for establishing the basis for the conservatorship itself, outlining who is being... View More
There has been a question about the friend (myself-28 yrs daily companion) being a crook, or something, that has been proven in court to be incorrect. Yet a financial 'hold' has been placed on the person's finances even though the individual in the center of this discussion is... View More
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answered on Dec 18, 2023
In California, the definition of "gravely disabled" under elder law is not solely based on a person's ability to care for themselves or ownership of property like a home. It typically refers to a person's incapacity to provide for their basic personal needs for food, clothing,... View More
Notification of death, accounting of assets, etc.
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answered on Dec 16, 2023
In your role as the sole beneficiary and successor trustee of your mother's estate under California law, the standard process of notifying beneficiaries can be somewhat streamlined. Given that you are the only beneficiary, there's no legal requirement for you to notify yourself in the... View More
I went to Vist gma and she stated she wanted to go home. Upon arrival home we learned about the missing money. He has power of attorney and her will. But gma stated she wanted to change everything and staed it to many of people including doctors ad church members. She took him off of her account.,... View More
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answered on Dec 13, 2023
Under California law, the situation you're describing involves several complex legal issues, primarily concerning power of attorney, elder financial abuse, and the capacity to make legal decisions.
Firstly, a power of attorney grants authority to another person (in this case, your... View More
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