Lawyers, Answer Questions  & Get Points Log In
Maryland Elder Law Questions & Answers
2 Answers | Asked in Estate Planning and Elder Law for Maryland on
Q: Asset Protection and Medicaid Benefits

My parents and I are planning to sell our houses to buy a bigger house to live together. What should we do to protect our asset but still legally having Medicaid benefits for my parents if they need to apply?

Nina Whitehurst
Nina Whitehurst answered on Oct 24, 2020

You should schedule an appointment with an elder law attorney. There is more than one way to do this. There is no one-size-fits all solution. A personal consultation is needed.

View More Answers

1 Answer | Asked in Estate Planning, Elder Law, Public Benefits and Social Security for Maryland on
Q: 64, disabled, and on SSI and Medicare/Medicaid. About to inherit about $50,000. How can I avoid losing benefits?

Dad's original will set up a Special Needs Trust with all funds just for me. He later amended the will so funds are immediately disbursed among each of the children. I think I'm in a bind and don't want to lose my only income source as well as my health insurance due to having... Read more »

Mark Oakley
Mark Oakley answered on Oct 7, 2020

You are legally allowed to direct a gift or inheritance into a special needs trust, without receiving it directly yourself. You can have such a trust created when the time comes to receive the inheritance, or if one already exists, you can direct the funds into the existing special needs trust. Not... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: What type of attorney to handle elder financial abuse?

My sister appointed a family member as her POA when she was living in assisted living. My sister now lives with family and want to reclaim her independence. The POA never kept her in the loop on any financial matter, has her financial accounts set up so she can’t gain access easily and my sister... Read more »

Mark Oakley
Mark Oakley answered on Sep 26, 2020

Call a lawyer. Have the lawyer contact the State’s Attorney’s Office, and have them indict your sister or issue a warrant for your sister’s arrest and prosecution for elder abuse, embezzlement and theft.

2 Answers | Asked in Family Law and Elder Law for Maryland on
Q: My uncle is almost legally blind and my aunt has early onset Alzheimer’s but presents well, can their daughter get POA?
Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 21, 2020

Unfortunately, that would not be a good idea and may create a whole host of problems down the line. You are better off petitioning the court for guardianship.

View More Answers

1 Answer | Asked in Elder Law and Nursing Home Abuse for Maryland on
Q: I have documentation that some nursing homes if not all do not refund to the residents, overpayments of their private

pay for room and board and nursing services when admitted to a hospital, 3 days or longer, or in an associated Rehabilitation medical facility which is paid by Medicare. In other words, Medicare and or Medicaid pay for the resident's room and board and other covered services by Medicare paid... Read more »

Marie-Yves Nadine Jean-Baptiste
Marie-Yves Nadine Jean-Baptiste answered on Sep 18, 2020

Sounds like both. You may need to report this to both agencies.

1 Answer | Asked in Elder Law for Maryland on
Q: I am POA, father has dementia, in asst living, sadly medicare and health insurance does not cover much.

I have lived in his home for past 13 yrs. My sister lives in his other home, which he purchased for her and has lived there 20 + yrs. When his money runs out will we have to sell the homes, can I put deed in my name?

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

Usually an attorney in fact under a POA cannot transfer assets to themselves. Nor can the agent gift property to other family members unless the authority is expressly given in the power of attorney and is consistent with the principal's pattern of giving and best interests.

In...
Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: My mother in law is in a facility and my husband's name is on the statement. Does that mean we are responsible to pay?
Mark Oakley
Mark Oakley answered on Jul 2, 2020

Only if your husband personally signed the facility contract stating he was the one responsible for payment. if he signed as a power of attorney, then no. If he was listed merely as a contact person, no. Take the facility contract that placed her there to a lawyer to review.

1 Answer | Asked in Family Law and Elder Law for Maryland on
Q: Can a Personal Representative act with the same powers as a Power of Attorney while the will-holder is still alive?

My mother has named me as her PR in her will. She has been deemed unable to make monetary decisions. We must sell her home to pay for assisted living but can't without a POA. We'd like to avoid the costs and time of applying for Guardianship. Will being her PR allow us to handle her... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

NO. First of all, you are not her PR until a court appoints you to act as PR--which can only happen after your mother dies and you file the will to open her estate. A person named or nominated to act as PR in a will has no authority to do anything before the person dies. The PR only acts for the... Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: My grandad is in a nursing home in Florida. My whole life he has told me I am to inherit 40,000

My aunt the executor says there’s nothing left after his care of 10,000 per month. But would like to help with my education so they can receive a tax break?? I’m confused. He’s still alive but not well at all Should I take her at her word???

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

There are several issues with your fact situation. First, you were verbally told you were to inherit a certain amount of money. Were you told if this was as a beneficiary of a life insurance policy or maybe as the beneficiary of a bank account with payable on death designation (POD) in your favor?... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Maryland on
Q: Since I owe a large sum on my house; when I die, can my adult children just 'give the keys' to the mortgage company ?

I hope my adult children would not have to pay off my house

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 30, 2019

Good question. Heirs do not have to personally pay off any debts of a deceased relative. The Personal Representative ("PR") is appointed to deal with the assets and debts of the person who died and must pay off debts from the deceased person's assets.

Three options...
Read more »

View More Answers

1 Answer | Asked in Elder Law for Maryland on
Q: Maryland resident,how difficult is it to change deed on home from jwros to tenants by entirety. Also, the same for ba
Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jun 19, 2019

Tenants by the entirety is a special type of ownership for husbands and wives. If a couple bought property before a marriage and later get married, they could in theory re-deed the property from themselves as joint tenants to themselves as husband and wife, tenants by the entirety.

A...
Read more »

1 Answer | Asked in Elder Law for Maryland on
Q: My husband and I currently live in Maryland - and are planning to move to Alabama within the next few months -

will Alabama accept our Maryland prepared will/trust/healthcare documents?

Mark Oakley
Mark Oakley answered on Jun 11, 2019

Yes. All wills and POAs are valid in any state you move to so long as they were valid under the law of the state where they were made. One caveat: some states have statutory provisions which govern the enforceability of a POA in given circumstances, such as Maryland, which if drafted with certain... Read more »

1 Answer | Asked in Consumer Law, Elder Law and Social Security for Maryland on
Q: My husband is in an assisted living facility and received a writ of summons for a credit card debt, what's next?

He only has Social Security payments and a very small pension. The SS payments are eaten up by the cost of the Assisted Living facility. The pension is below $150. The credit card debt occurred when he suffered a series of strokes and seizures which has necessitated him living at the assisted... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 1, 2019

Do not agree to pay any of it. He is "judgment proof." He may want to file a general denial asking for proof he owed the debt. There may be defenses depending on how old the debt is.

Contact your loal legal aid/legal services organization.

1 Answer | Asked in Real Estate Law and Elder Law for Maryland on
Q: Hi, i,m not sure what the future holds for me. My mother and i purchased a condo in 2002. My cousins name was on deed

until 2010 his name was taken off and replaced with mine. 2014 my mother has been in a nursing home. A lien has been placed. What can i do to avoid the state of Maryland and or nursing home taking my condo when my mother passes away?? It was suggested that i place bankruptcy in part of of mother. I... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 15, 2019

You should probably get a consult with a bankruptcy lawyer. I exclude bankruptcy from my practice, but I believe real estate not exempted would be liquidated to pay debts in the bankruptcy. The correct answer was to place the deed in a special needs trust three years ago, but that isn’t helpful... Read more »

2 Answers | Asked in Insurance Bad Faith, Insurance Defense and Elder Law for Maryland on
Q: what rights do I have if insurance wants to stop paying me disablity. I have been disabled since 1999.

I have pulmonary sarcoidosis, degenrative disc disease, osteo & rhuematoid arthritis. I stay in chronic pain also due to having granulomas brought on from the sarcoidosis! chronic kidney disease, diabetes, asthma , PVC and other health issues/ they are making me see one of their doctors to... Read more »

Mark Oakley
Mark Oakley answered on Jan 31, 2019

You need to look at the provisions of the disability insurance policy or plan under which benefits are being paid in order to ascertain what rights they and you have, and what medical standards apply to your situation. You may want to have your own doctors draft a report based on your current... Read more »

View More Answers

1 Answer | Asked in Elder Law for Maryland on
Q: What percentage of blood relatives(MD)get Guardianship/Dad over a step sister who has POA for 2 years and didn't tell us

My Mom passed away in 1995. My Father (4 sons) remarried in 1999 and his wife had 2 daughters. My Father and his new wife moved to Florida in 2000. One of the daughters moved in with them around 2013 when her husband passed away. The other sister moved down also but has a home an hour away. In 2012... Read more »

Mark Oakley
Mark Oakley answered on Nov 17, 2018

You need to re-ask this question under Florida law, which will apply to your father's situation. Florida has very aggressive guardianship and elder abuse laws (including financial exploitation) and you will need a Florida lawyer to advise you, as well as answer any questions. Your facts... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Maryland on
Q: My parents have a reverse mortgage. They are in their mid 90s. Is it possible to have my name added to the deed?

Champion mortgage is the holder of loan. Document indicates I have 1 year to remain in the home after last owner is deceased. Should I add my name on the lein to be included as “Tenants in Entierty”? They have no saving/retirement/ safety-net to leave me. I can’t afford purchase the house... Read more »

Mark Oakley
Mark Oakley answered on Oct 4, 2018

No, none of this would work. First, you cannot be added onto the reverse mortgage, as that was calculated based on your parents’ ages and life expectancy at the time of the mortgage. The mortgage typically must be paid off within 6 months of death, or the property be listed for sale and marketed... Read more »

2 Answers | Asked in Estate Planning and Elder Law for Maryland on
Q: Hello, I read that in Maryland there are no "Self Proving Affidavits" for last wills. What form can be used instead...

... so that the will witnesses don't need to go to court to validate the will?

Thank you in advance

Mark Oakley
Mark Oakley answered on Jul 16, 2018

A properly signed and witnessed will is all you need. Maryland does not require witnesses to appear to verify the will. The only time witnesses might be needed is if someone challenged the will, but the burden is on the challenger to prove the will maker was mentally incompetent or subjected to... Read more »

View More Answers

1 Answer | Asked in Elder Law and Estate Planning for Maryland on
Q: My father (94) lives with a lady. She has taken care of him (like a nurse) and he has taken financial care of her.

His will states that his estate (when he dies), should be used to take care of her. She says she will save her money to give to her daughter while the real grandchildren may get nothing. Will I legally be responsible for paying anything for her? Finances are in my dads name, not commingled? She... Read more »

Mark Oakley
Mark Oakley answered on Feb 21, 2018

If your father was mentally competent when he drafted and signed his will, then his will is valid and will be upheld. if he was not competent, or you can prove this female companion exercised "undue influence" and coerced in some way the terms of the will that were favorable to her,... Read more »

1 Answer | Asked in Estate Planning, Elder Law and Tax Law for Maryland on
Q: My mom wants to sign over her house to me & then she will come to live with me. Will I have to pay capital gains

My objective, is to NOT have her go into a nursing home if it comes to that point, but to have a day nurse come into my home.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Nov 1, 2017

Capital gain is calculated and paid when a home is sold for profit, not when it is transferred without consideration. To figure out your potential capital gains liability you would need to talk to an accountant or tax professional and know the basis in the property and the anticipated future sale... Read 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.