I'm retired, and handicapped, living in Florida. Her granddaughter found her obituary on line this week. My mother passed away Sept. 8. She passed away in Great Lakes. None of the family was notified. I can't find out where her personal belongings are or even where she died. The police in... View More
I found the obit. Did you call the funeral home at Seguin and Symonds Funeral Home in Highwood? Somebody paid for the funeral. I am guessing that she got married to someone who lived in Great Lakes. The funeral home usually puts people in touch with each other.
I just want to know how is she doing medically and I'm not being told anything. I ask the nurses and I'm being told you are not the sister I can say anything to. I'm also worried what is going to happen when she does go back home to my brother's house because he made visiting... View More
If you believe the power of attorney (POA) is being abused or your mother’s best interests are not being served, you have the right to contest it. You would typically need to file a petition with the court to review the actions of the POA and evaluate your mother's current competence. The...View More
She rarely visits her & I'm there every day. Our other siblings don't care. She has lied to our mom about how she can't sell her house to me by law & other things regarding the spending of mom's money. She has also started buying luxury items & vacations etc. All I... View More
File a Motion for Accounting of your Mother's Assets. Maybe you can find that she has misused your Mother's money. Then you have a basis to have her removed as POA and may be able to file for guardianship.
It is possible that an Order of Protection could be sought. Talk to a...View More
The power of attorney for property, also known as a durable power of attorney, does not authorize anyone to own your property. In fact, it does the exact opposite. The agent under the power of attorney MUST use the assets ONLY for the Principal.
My sister claims to be my mother's poa. She takes all of her money out of a joint account between her n my mom and deposit it in her account. Her gas bill is overdue by 1,000 dollars. She takers her to no appointments me and my wife do. My mom thwrclains she doesn't even want her in the... View More
Anyone acting under a power of attorney has a fiduciary duty to act in the principal's best interest. If your sister simply took your mother's money, then she is arguably in violation of that duty. Since your sister will not likely respond to a written demand (based on her text message)...View More
We are moving to Illinois and buying a house with our son as we are in our 70's. We are taking title as joint tenancy with rights of survivorship. If we need to be in nursing home in the future and medicaid is paying, will they be able to do estate recovery on the house after we die with... View More
Your joint tenancy with right of survivorship strategy avoids estate recovery BUT could trigger a huge Medicaid penalty period. There are better ways to do this, usually involving an irrevocable trust with a reserved right of occupancy.
Was trust my attorney. She did no ERISA discovery or Private, my ex wife hid assets securing my support. My second lawyer w held my ERISA Alt Payee rights before settlement. He used her 1/3 VFI to write settlement. In podt judgement I discovered she had a -250,000 ADB , 1x Desth Benefit decrease... View More
Order of Protection of was filed against daughter, who then turned around and filed Petition of Guardianship on the mother requesting order of protection. Mother had not seen daughter for over 3 yrs, as mother claimed daughter harassed her, and stole large amount of cash. Eventually the Protection... View More
My mother took care of my great uncle years ago before he passed away. He left the house she lives in, to his granddaughter with the stipulation my parents could live there for life for a set rent price. They sold the property to another company and that is not being honoured anymore. Rent has... View More
If your great uncle stipulated in his will or in his trust that your parents could live in the house at a set rent price, then depending on how those instructions were worded - it is possible that your mom has a case. If this was an "understanding" not in writing, the case becomes much...View More
There isn't a real good way for you to get a look at it, because neither the principal nor the agent are obligated to share it with you. But if you have good grounds to suspect that elder abuse (financial or emotional or other) is taking place, then report it to your local Adult Protective...View More
It's been auctioned, judge reversed the purchaser of the auction in Dec. 2020. I am now being sued for everything. I was not advised of the court date by my counsel and no one showed to represent me. My calls have not been returned. And to top that off my identity has been stolen and used. I... View More
of Attorney forms that he didn't remember signing. They completely took over...changed locks on husband's house, closed all of our joint accounts leaving me with no phone, no car insurance and no house insurance. They took over finances and I haven't seen a cent of his money since... View More
My husband and i are seperated but still married. We were together when the majority of this allegedly occurred. Will i end up having to go into court for any reason? Also, currently there's just an order of protection out on my husband with the first hearing coming up. What happens if my... View More
They have sold on ebay auctions etc large sports memorabilia collection other collectibles etc both are on social security disability barely was getting by every month paid 1 house off bought another 1 n paid a lawyer $20,000 to fight me on my own property i reported them to office of the IG
Did they steal the collectibles from you? Did they use that money to buy the new house? If the police won't pursue the theft, you can't force them. You can sue them for the cost of your stuff. Do they have enough equity in the house to go after? However, they could then file bankruptcy...View More
I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing... View More
I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may...View More
She ran over a motorcyclist, was cited, and currently FTA 30 day notice for court. She is paying her bills twice. Lost her cell phone 4 times in 3 months. Shift in behavior. since she is unable to manage some of her bills, she calls me, and I am unable to help since no POA. I was asked by her... View More
In order to have someone declared incompetent, you will need to file for guardianship. Yes, you will need a lawyer, because this process is too complicated for you to be successful without one. Also, you listed this question under Washington DC. If you do not live in IL, you will have a hard time...View More
Now she a ward of Illinois. I live in California and have identified myself as her daughter to the guardian. What do I have to do to have it dropped? No one (hospital lawyer, social worker) will assist me. Thank you.
Hire a private lawyer who does guardianship for the elderly. State guardianship is theist thing the state ever wants. It is likely that they would want to make sure that you and your mother do not lose contact again. Perhaps she lived at home and is now in a facility? So they can notify you if...View More
Certainly. But if she has a family member, there should be a contract written that the family member will be paid out of the estate at the rate of x per hour and will be reimbursed for her services upon death.
That is unless she can be paid now or they forego any payment.
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.