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... View More 
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... View 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... View More
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... View More
... so that the will witnesses don't need to go to court to validate the will?
Thank you in advance
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... View 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... View More
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,... View More
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.
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... View More
Selling and splitting proceeds in divorce, and life estate for death, then sale and split proceeds to family.
But they have moved to assisted living and are selling the house. No mention of this possibility in post nup, so should proceeds be jointly held or split? Also prenup holds... View More
answered on Jul 24, 2017
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... View 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... View More
answered on Jan 15, 2016
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... View 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?
answered on Aug 11, 2015
Medicaid has the right to recover in certain situation. Check with a local elder law lawyer about the specifics of your situation.
Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education... View More
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.
answered on Jul 15, 2015
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... View More
answered on Sep 5, 2014
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.
answered on Sep 5, 2014
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... View 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... View More
answered on Sep 5, 2014
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... View 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... View More
answered on Aug 23, 2012
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... View More
answered on Aug 23, 2012
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... View More
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