Lawyers, Answer Questions  & Get Points Log In

Massachusetts Elder Law Questions & Answers

1 Answer | Asked in Elder Law and Probate for Massachusetts on

Q: Do I have any legal recourse for the filing of a Last Will and Testament for my Dads estate? Please see my explanation?

Hello...My dad in Everett, Ma passed away in October 2014...and buried on the 14th of October. My brother who lived with my dad made no effort to contact any family members. I found out via email from a friend...My brother wouldn't take my call's & refused to speak to our uncle, my dad's only... Read more »

Lillian J. LaRosa answered on May 28, 2019

If father died in 2014 then you would if there are assets over $25,000 involved, need to file a Late Petition to probate the Will and you should do so as soon as possible since you apparently have the original Will. Are you the first named "executor"? If so, you have priority. You should engage... Read more »

1 Answer | Asked in Estate Planning, Elder Law, Health Care Law and Social Security for Massachusetts on

Q: How will equity from sale of a house affect govt asst. programs like ssdi, medicare, masshealth, food stamps, housing?

Yes I am disabled, on hemodialysis, and get palliative care services. My house will be closing on Wednesday. I will be getting about $150,000 (that's the gain). What federal/state assistance programs will be affected by this gain of money? Is there any legal way around it or to avoid losing the... Read more »

Lillian J. LaRosa answered on May 21, 2019

You have not stated whether you are disabled . If so, there is a special needs trust you can explore.

1 Answer | Asked in Elder Law for Massachusetts on

Q: Annuity

my mother-in-law has an annuity that the state considers an asset. She's in assisted living. Is there a way to transfer her resources to protect some of this money

Lillian J. LaRosa answered on Feb 5, 2019

The usual answer would be that it is too late to do so if she will be in need of nursing home care within 5 years These are MassHealth/Medicaid issues which have complexity and you should discuss the entire set of facts involved with an Elder law practitioner who specializes in that particular... Read more »

1 Answer | Asked in Real Estate Law, Consumer Law, Civil Litigation and Elder Law for Massachusetts on

Q: Can assessment of damages hearing be brought by condominium assoiation under rule 55b2 if no default?

Condo Association was denied preliminary injunction for rules violation in hearing 11/ 9/16. In Summary Judgment Hearing 11/9/17 Count I re violation was denied but allowed Count II for assessment of damages hearing. They applied under rule 55(b)(2) with Issuance of Notice to Sell (per MGL c.254... Read more »

Ali Shahrestani, Esq. answered on Jan 9, 2019

One concern may be whether her assets are going to be the subject of a lien and collections efforts. Another concern would focus on her estate after she passes: would judgment creditors seek reimbursement at that time? More details are necessary to provide a professional analysis of your issue. The... Read more »

1 Answer | Asked in Elder Law for Massachusetts on

Q: Living in a rest home with owner as payee, how many days does he have to give me my allowance and how much is allowance?

Yes Im on SS. And have signed over my checks , making owner my payee.

Lillian J. LaRosa answered on Nov 12, 2018

You can call the Social Security Administration with questions you may have regarding the institutional payee or use the internet if it is available to you.

1 Answer | Asked in Elder Law for Massachusetts on

Q: Can my stepsister move her dad to her home in Florida and leave his wife of 30 years (my mom) alone and in Massachusett.

Stepdad recovering from mild stroke. My mom has Alzheimer’s. I have no resources to care for her. Stepsister wants her dad and cares nothing for my mom.

Lillian J. LaRosa answered on Oct 22, 2018

Does your step sister have her father's health care proxy ? If so, it is possible that by its terms she has such authority if he is unwell. If he is competent then he can make his own decisions, although potentially there is a gray area here where he has had a stroke unless he has expressed his... Read more »

1 Answer | Asked in Elder Law and Nursing Home Abuse for Massachusetts on

Q: Caregiver for senior with dementia and diabetes suspected of abuse/neglect. Who to report to?

It's practically a known fact that the caregiver for my girlfriend's father (who is also my neighbor) has been negligent to the point of abuse. However there is no solid proof of this. Adult Protective Services asked him if he wanted them to begin an investigation. The man has dementia and can... Read more »

Lillian J. LaRosa answered on Aug 14, 2018

This sounds like neglect and you should contact the Elder services office again to report that you have this information.

1 Answer | Asked in Criminal Law and Elder Law for Massachusetts on

Q: I applied to a ride share company and they ran a CORI on me. I failed for unresolved cases.

There were 4 cases for larceny by check back in 1978. How do I resolve this?

Stephen Neyman Esq. answered on May 3, 2018

Unresolved cases usually mean that you are in default and that the cases are still open. You will need to go into that court, remove the defaults and resolve the cases. I strongly advise you to have a lawyer with you. Cases that are that old are often difficult for the prosecution to prove.... Read more »

1 Answer | Asked in Elder Law and Collections for Massachusetts on

Q: Parent received a large bill from the Rehab/nursing home she was in for a few months. Medicare paid their portion.

She was told she has to pay the balance. She has an annuity which is currently paying for the assisted living facility in Beverly. We believe when she runs out of money the assisted living will then go through medicaid for her monthly bills. Should we pay the rehab bill ($11K), try to negotiate... Read more »

Lillian J. LaRosa answered on Apr 5, 2018

Are you power of attorney for mother? Is mother competent at this point? If you are power of attorney for her you can try to negotiate with the rehab or you can set up a payment plan. Heep your records for the MassHealth Medicaid application.

1 Answer | Asked in Real Estate Law and Elder Law for Massachusetts on

Q: Can you force someone off the deed if an elderly person was taken advantage of?

We have this older person who has no family left in the US. Some time ago she sold her prior house and moved closer to people she knew while her husband was still alive in order for all of us to take better care of her. Her husband has since died and she is left with no family in the US.... Read more »

Lillian J. LaRosa answered on Feb 12, 2018

Is the elderly woman competent and cooperating with you and understanding that the "other woman"'s behavior was questionable? If so then she can hire counsel to seek to revoke the deed based upon the conduct of the "other woman" and should do so as soon as possible. Otherwise a complaint to elder... Read more »

1 Answer | Asked in Elder Law and Probate for Massachusetts on

Q: mom died, no will. I am only heir lived in house in her name. How do I get the house in my name?

House was in my mother's name, she passed away. I have lived with her my entire life in this house, my father, her only spouse, passed in 92. I am the only child, there is no one else with interest in the home. Mom owed no money to anyone except monthly utilities, one of which is already in both of... Read more »

Kristi Burmeister answered on Jan 27, 2018

Sorry to hear about your loss. You will likely need to go through probate to get the house titled in your name. You should check with a MA attorney to see if an attorney is needed for probate. Some states require it. Even if your state doesn't require an attorney, an attorney can nonetheless... Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse and Wrongful Death for Massachusetts on

Q: Is not reporting an a death from e coli at a nursing home illegal?

.

Lillian J. LaRosa answered on Jan 23, 2018

Depending upon how long ago the death occurred there may possibly be a nursing home malpractice/tort claim which you should investigate as soon as possible. This involves someone being appointed Personal Representative by the Probate Court to obtain medical records of the decedent for an evaluation... Read more »

1 Answer | Asked in Elder Law, Estate Planning and Probate for Massachusetts on

Q: How can I bring my grandmother, who resides in Puerto Rico, against her will and her husbands will to the United States?

She is 77 years old. She suffers from advanced rheumatoid arthritis, dementia, diabetes, hypertension and possibly a number of other medical concerns that we are unaware as she refuses medical care, refuses all medical appointments, refuses to eat more than 1 full meal a day. Her husband who lives... Read more »

Lillian J. LaRosa answered on Jan 19, 2018

You will need to engage an attorney who practices elder l;aw/guardianship in Puerto Rico and you likely will have to attend court there to obtain guardianship with authority to move her to Massachusetts. This is really a Puerto Rican law question.

1 Answer | Asked in Elder Law for Massachusetts on

Q: My mother in law is in a nursing home.

Her son is POA and we would like the nursing home to manage her checking account.Her SS, pension and annuities are all direct deposit and are used for he PPA monthly. What forms are needed to initiate this process.

Lillian J. LaRosa answered on Jan 9, 2018

The nursing home can advise you on what they would like or need . Potentially they would want a conservator to be appointed and if family members are not willing to serve the Court has a list of fiduciaries who would be paid from his assets and income. The Nursing Home may have their doctor... Read more »

1 Answer | Asked in Stockbroker Fraud and Elder Law for Massachusetts on

Q: We called lawyer to stop auction. A broker paid mortgage, stopped auction. Now they want us to sell home to pay back.

Will left home to husband and brother. Husband and family live in home and have. Broker paid mortgage. Now want us to sell to reimburse fees. We signed nothing other than ok to stop auction

Lillian J. LaRosa answered on Dec 21, 2017

This sounds highly unusual and you should meet with an attorney as soon as possible.

1 Answer | Asked in Estate Planning, Elder Law and Probate for Massachusetts on

Q: Hello! I didn't explain in detail my last question. My house is set up in a real Estate trust, and their is an executor

In charge of it. The trust states that the executor has the power to sell my home, and the proceeds r to go to me, as the beneficiary. But, as I said, he has not reached out to me & is not fulfilling his duty as executor, or administrator. The bank started the foreclosure process, due to a reverse... Read more »

Lillian J. LaRosa answered on Nov 8, 2017

You can file a Removal Petition and Request to be appointed successor and also file an Equity complaint which would include the Trustee and the Foreclosing bank explaining to the Court that the Trustee should be ordered to pay the mortgage or act to sell so as not to loose the corpus. These are... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Massachusetts on

Q: Hi! My gramps passed away a year ago, and in his trust, he put me down as the beneficiary for the home I live in. The

Executor refuses to sell the home bc the proceeds will go to me instead of him. Because he hasn't dealt with the bank either, they r trying to foreclose on my home now. Can I petition the court to remove him before it's too late? Or, do I need an attorney to do that? Any advice would b greatly... Read more »

Inna Fershteyn answered on Nov 8, 2017

Hi, why do you need an executor when you have a trust? Trust governs distribution of the house of house is part of the trust.

You need an attorney to review the trust document. I suggest you get a phone consultation at least. Feel free to call my office.

Sincerely,

Inna...
Read more »

1 Answer | Asked in Elder Law for Massachusetts on

Q: my 88 yr old dad has dimentia but def has some facalties. he was abused in marital home -removed and is living w/ me POA

I am his daughter, POA & Rep Payee he lives on 800/mo with great ins/medicaid. She is living on about $5000/month retired teacher after they spent his state retirement on grandson's college. She cut him off everything but keeps claiming him on her taxes even though that is my legal right and then... Read more »

Lillian J. LaRosa answered on Sep 28, 2017

You should consider whether your father would want to divorce his spouse . If he is competent he can file same and seek equitable distribution of the marital estate. if they are eventually divorced she would not be receiving anything from his estate. Also as his power of attorney you should do an... Read more »

1 Answer | Asked in Family Law and Elder Law for Massachusetts on

Q: Can I override a power of attorney? It's regarding my mother and her Son is POA and he is incarcerated for long time.

He has caused a lot of issues with Me. He accused me of elder abuse when I was taking care of her, but those charged were dropped.

Ali Shahrestani, Esq. answered on Aug 22, 2017

Why not have your mom draft and sign a new POA? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media... Read more »

2 Answers | Asked in Elder Law, Probate and Real Estate Law for Massachusetts on

Q: My father passed two years ago in Florida. My father was due an interest in his fathers home along with two siblings i

In Massachusetts. The property is now for sale and the realtor says we must hire probate atty. true or false and in what state?

Thomas Tripp answered on Aug 18, 2017

I would need more facts, but it sounds like you need to have an probate administration in Florida and an ancillary administration in Massachusetts.

View More Answers

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.