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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 raise...Read more »
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 »
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 »
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 »
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 »
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, meaning your...Read more »
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 »
Not seeing the actual post-nup, my response is limited to your narrative. The proceeds would be marital property. Husband and wife can agree on how they want to divide the proceeds. They could split it 50/50, 60/40 however they choose. Since there is nothing in the post-nup about moving to...Read more »
She is spending his $ at a rate of $10/hr. (under the table) on 24/7 care using Social Security, pension & now VA income. Not all his caretakers are CNAs (or are they called PCAs now?). - At 95, he is still deemed competent by a quick verbal 10-question competency test, but has not a full-blown... Read more »
Sounds like potential elder financial abuse by POA. Talk to an elder law lawyer in your area.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific...Read more »
Mom received Medicaid benefits for 10 months while in a nursing home in Maryland in 2008. No lien placed against home jointly owned by both parents since dad was still living in the home. She passed in October 2008. Dad passed May 2015. Do we need to worry about Medicaid recovery?
at the nursing home. She is still on private pay, but is running out of money quickly. With her permission, am I am to sell her car? If so, what do I need to know to benefit her the most? We live in Maryland.
I presume that your aunt is single or if married her spouse is also in a skilled nursing facility so that there is a need to spend down her assets below $2,500 in order for her to qualify for medical assistance. If she is married and has a spouse is still living in the community, then certain...Read more »
A power of attorney can only be granted to you by a competent person. If they are incompetent, the only the circuit court judge may grant guardianship and decision making authority. You must file a circuit court petition.
By filing a petition for guardianship in the circuit court. You will need medical certificates as exhibits. The court will then appoint a lawyer to look after your brother's interests and advise whether you are the best choice as guardian. If uncontested, the case can be resolved in a few months....Read more »
Wife's 52 y/o sister is in declining mental health and should not drive though she asks to from time to time. She last drove - erratically - weaving, not seeing lights and signs - in June. Can we or other family members aware of her mental state be held liable should she cause injury or damage -... Read more »
You may not be liable for damage she causes, but you will feel just awful if she injures others. The remedy is for a family member to petition the court for guardianship. You will need certificates from her physicians, and then the court will appoint a lawyer to look after the sister's interests....Read more »
Never went to settlement table.They were 79 &83. 06/05 buyers ( my 2 brothers) requested my mother have a neuro appt 4 memory prob. diagnosed 4 mild-moderate dementia 9/05. I maintain this is a voidable contract & they have been financially exploited.R.E.lawyer did settlement. Can he be sued 4... Read more »
To notarize a signature in Maryland, the notary must get an acknowledgment from the signer and verify the signer's identity (usually by picture ID). If someone falsely said that a signer appeared before them when they did not that would be problematic. Depending on the circumstances, fraud...Read more »
Could you rephrase the question? Most of the time adults have the same legal rights regardless of their status as young adult, middle aged, elderly, etc. Certain governmental agencies / departments exist to protect the interest of vulnerable elderly. You can contact your local Dept of Aging...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.