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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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