Get free answers to your Elder Law legal questions from lawyers in your area.
She has an automobile we gave her for free 11 years ago. Can she give it back to us for free without effecting her Medicaid eligibility or being penalized in the five year lookback provision?
answered on Jun 13, 2024
In Florida, the answer is: Yes.
If the automobile in question is mom's only car - it is an exempt asset (that Medicaid was never going to count against her when determining eligibility anyway).
For non-real estate/non-retirement assets (such as a car) which are already... View More 
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 26, 2024
If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.
Schedule a free consultation to make sure your father's estate plan is formalized... View More
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 27, 2024
I am very sorry for father's illness and his health struggles ongoing. There will be a serious issue with such a Will in Florida, it will not be a valid Will as it does not meet the Florida Statutory requirements of F.S. 732.502 (you can look it up online), what you have described without any... View More
However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?
answered on May 4, 2024
Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More
My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 26, 2024
I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:
1. Document everything. Keep records and... View More
He convinced her to write him checks for $139,000. And he prematurely terminated an annuity costing her a minimum of $69,000 in fees, penalties & lost bonus. He lied to both of us, telling us the account had matured. He's his own employer and I can't find him listed in FINRA.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More
My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2024
In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More
His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2024
I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More
I am in the middle of court case with criminal charges, for a crime I did not commit, the prosecutor wants to drop charges, but the supposed victim lies in the court and to the police statement and also refuses to let prosecutors to drop charges, and my case is costed my reputation n my life... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024
You might have the option to file a civil lawsuit for defamation if someone is deliberately making false statements about you that are damaging your reputation. In cases where these statements lead to criminal charges, the situation becomes more complex, but the essence of a defamation claim... View More
My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More
answered on Nov 14, 2023
You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More
I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More
answered on Aug 17, 2023
A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More
Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?
answered on Aug 7, 2023
In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More
1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.
2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More
answered on May 24, 2023
Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... View More
1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.
2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More
answered on May 24, 2023
First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... View More
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
answered on May 19, 2023
I just wanted to add a couple of thoughts in addition to the above answer. If your agreement with your daughter is in writing and she owns the property solely in her name, you may have enforceable rights that would prevent her from excluding you from the property. If it is an oral agreement, your... View More
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
answered on May 19, 2023
Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... View More
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."
If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.
answered on Apr 22, 2023
If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.
If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would... 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.
