There are a number of options available to your grandmother. Under Massachusetts General Laws, Title II, Chap. 19A, financial exploitation is defined as "an act or omission by another person, which causes a substantial monetary or property loss to an elderly person, or causes a substantial... View More

The Caregiver Child Exemption generally enables an elderly individual to transfer their home to their adult child without violating Medicaid's Look Back 60-month period on asset transfers. Under 130 CMR 520.019(D)(6)(d), a transfer of a former principal residence by a nursing home resident to... View More

As to question 1, the ALF agreement likely addresses the rights and obligations of the parties if an occupant vacates a unit for which he has already paid rent. The ALF agreement may also address the disposition of an occupant's personal property once the occupant vacates the unit. Also, you... View More

So, there was a house transfer close to the date of death and includable in the lookback period so that there probably would not have been Medicaid/MassHealth eligibility . Contact a Medicaid specialist on this issue ASAP to present your set of facts to see if there is something recommended at... View More

A Chapter 7 bankruptcy sounds like it may be in her best interest at this time however I can not say this absolutely without a full interview. You can call me or another experienced bankruptcy attorney and they should be able to give you a good solid answer and plan to move forward. A chapter 7... View More

She needs to consult a competent bankruptcy attorney immediately. She may qualify for chapter 7 or she may need chapter 13. She does not qualify for chapter 11 as that is business reorganization only.

A guardian can make decisions in the incapacitated person's best interests and there seems to be an issue of sister's husband being a domestic abuser which could subject your mother to potential violence if I am reading your question correctly. Inasmuch as elder abuse could be claimed... View More

If her mental status is in doubt then there should be a Conservator appointed by the Probae Court where mother resides to handle her finances and also a Guardian to handle her care if there are not agents under a Power of Attorney and Health Care Proxy granted authority to act by her prior to... View More

Likely, you would have to do a partition action and buy out her interest in the property. Contact a real estate attorney in your county.

Is the Settlor lacking competence or under duress or undue influence in the transfer into Trust? These are the issues.

This sounds like a Landlord Tenant issue and you should review your Section 8 agreement with the Housing Entity you have before proceeding toward eviction.

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2021

Your probate attorney can help you file a petition to require your sister to account for all assets or to have her removed as executor if she is engaging in malfeasance.

If the devisees under the Will are all alive, then it would seem that an alternate designated or conditional beneficiary-devisee would not take under the Will. If the Will is disallowed the heirs under intestacy would take.

You have not supplied any details as to what the circumstances were and it is possible that you were victimized and coerced into doing so or not competent at the time and may be able to pursue an equity action. Pursuing action sooner is better than later and you don't want to run into any... View More

Also sounds like a real estate trespass case.

While it appears that If the title to the real estate was not in grandfather's name then he already transferred it to your mother and thus does not appear to be in grandfather's estate, but were there other facts??? This question is Not susceptible to a black and white answer without... View More

If your order does not give you the ability to place her in a facility then you will need to file and serve an appropriate Motion with Affidavit seeking such.

Your question was very confusing but you seem to be asking how to determine if the power of attorney instrument was recorded in the Registry of Deeds? If so, there is a public records check system on line through the Secretary of State's Office. If the document was not recorded it can be... View More

What was the residence listed on the death certificate? Before she was in the nursing home was she living in RI?

You may want to engage counsel in the jurisdiction where the parent is located to see what proceedings you may be able to bring forward at this juncture if Elder Services is not taking action.