Maryland senior citizen hoping to receive some expert information regarding the regulations concerning such entities as MarketPro, as such a transaction may provide an escape route in my current dilemma that traditional realtors seem unable to offer. I have done some preliminary research, but have... View More
Without a professional (lawyer or broker), you have very little protections. This type of entity preys on distressed sellers to scrape as much of the equity as is possible. They often ignore the consumer protection that is built into existing statutes and local ordinances by treating yours as a...View More
Of caring for him. He refuses to take his medication. His family has refused to bring him home. But the doctor for the social service department says that "he is fine to go home and we can't be responsible for stupid mistakes that people sometimes make." Meaning that it is a stupid... View More
What you do not state is whether your father is mentally competent to make his own decisions, from a legal standpoint. The fact that "social services" (you do not name the government department by name, so it is unclear whom, exactly, you are referencing) deems him competent to go home...View More
The statute of limitations for debts is 3 years, meaning a lawsuit must be filed within 3 years of the debt becoming due, or the debtor can move to dismiss the court action as beyond the statute (limitations is an "affirmative defense" that must be raised by the defendant or it is...View More
My mother who receives medicaid and SSI saved up assets due to the fact that she moved into subsidized housing which only charged her 200 a month for rent. She currently has about 10k saved up in her account which is over the asset limit and I'm trying to spend the money... View More
My mother, now 98 years of age, submitted a General Power of Attorney form in 2013 and the bank officer notarized it. Now it is not accepted as Verification of Receipt of Benefits because it "does not explicitly authorize the attorney in fact to handle retirement transactions and additionally... View More
Maryland law requires that any POA executed on or after October 1, 2010, be notarized and witnessed by two persons in the presence of each other and the principal of the POA. However, a Notary Public can act as one of the two witnesses, so you might argue that one witness plus the Notary is...View More
He is a very ruthless attorney but presents well. He has been unresponsive to her care team and myself for replacement hearing aid at one point (which I had to fight for), he is not authorizing additional care for a fractured elbow and has instead suggested things like giving her sleeping pills,... View More
Why is there a trust? Who created the trust? How was the trustee appointed? Is this a court appointed guardian as opposed to a private trustee? What is your evidence supporting your claims that the attorney and his family have taken funds for their personal use? (If this is true that is a crime--a...View More
My dad's in his late 80's in NY. If he needs medicaid to pay his care, can my disability (I'm on SSDI), age 60 in MD) be used to pass his savings to me, so our family can keep it? Is it just an exemption for a house or for other assets too?
Your father would need to seek out an elder care lawyer to map out a strategy to protect his assets from counting towards Medicaid eligibility. Your disability is irrelevant and will not shelter his assets. He would need to get his assets out of his name five years before applying for Medicaid if...View More
The procedural rules do not have an exception in their time deadlines for switching lawyers. Written discovery responses are due 30 days after service of them upon you. That said, the discovery deadlines in most cases in circuit court can encompass a 4-6 month range, and it is common for parties...View More
She files a petition to resign, preferably simultaneously with another appropriate person petitioning to take her place, with the agreement of all other "interested persons" entitled to act as guardian under the statute. If there is no such person, then the court will have to appoint...View More
Yes, Y is a creditor of the estate and may file a claim for funeral expenses paid. Y should submit a formal claim together with the invoices/receits showing the amounts incurred. If the Personal Representatve fails to pay or denies all or part of the claim, Y can petition to court to order the PR...View More
I am 96-yr old but physically and mentally healthy, supported by medical report. I was referred by police for Mayland Driver Re-examination and unfortunately failed the driving test 3 times. My driver license was confiscated at the 1st failure. My request for the 4th driving test was denied. I... View More
A driving test failure is a driving test failure. How do you propose overturning the determination on appeal that you failed the test? Just saying that in your opinion you can drive safely will not be enough. The Administrative Law Judge, and ultimately if you pursue it further, a Circuit Court...View More
If you are being charged with a crime by the police or prosecuting authorities of the state, hire a criminal defense lawyer. If some family member or other person is just accusing you of elder abuse but is not an authorized representative of the State or local government having authority over...View More
You need to be more specific as to what your concern or issue is. What about your husband being in a "facility" (medical facility? prison? mental health hospital?) causes you to need advice about what to do?
I have no expectations as one of the four children that I have sole right to the property and estate. What I am wondering is, because I am very low income, part of which is due to health issues, how much notice do I have a right to receive before they try and sell the house. For what we're... View More
Once someone passes away, their property becomes a part of their probate estate. Property in the name of someone who died cannot be sold until an estate is opened and someone is appointed as Personal Representative of the estate. Your post does not indicate whether an estate has been opened or...View More
Depends on the original source of the money, and when your name was put on the account. I assume your father needs to qualify for Medicaid to pay the nursing home care, and to do so Medicaid requires that your father use his own assets until he has paid down to the level necessary to receive...View More
Assuming the "family home" is in the probate estate, then yes, a Personal Representative of an estate can usually sell the property without getting permission from other family members. However, the Personal Representative must report the sale to the court and get the court to sign off...View More
If all interested parties agree that you should be paid, you should be able to work it out as either a claim or a partial renunciation. This is a matter to be discussed with the personal representative or the lawyer.
Without proof of an agreement/contract for compensation as a caregiver, Maryland law treats all services such as these provided to a family member as having been natural gifts of familial love and caring, without any right of reimbursement for your labor or time. If you were required to expend...View More
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