lived there has already paid through the end of the month?
2.) In an ALF is it legal for the facility to take a bed that I purchased for my father and give it to someone else to use?
answered on Oct 26, 2022
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... Read more »
Uniform Fraudulent Transfer Act. My dad was a resident at Life Care Center Billerica, MA from May 25, 2021 - July 11, 2022(death). I had him transfer House deed to me and my sister in Sept 2021 recorded on 10/8/2021. His balance is 8,600. I was aware of the balance, however, explained how he has... Read more »
answered on Sep 26, 2022
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... Read more »
On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... Read more »
answered on Jul 13, 2022
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.
On paper, she is not low-income ($42,000/year) but owes $7K for electric and many other debts. If she foreclosures is she still responsible for the mortgage? (She cannot pay that and rent also.) Would Chapter 11 be a better option for her? Can she rent an apartment after Chapter 11 or will... Read more »
answered on Jul 13, 2022
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... Read more »
She was living with my sister and my sister was a domestic violence victim,he is in jail. She,my mom, has dementia,but if am the guardian of my mom can I tell elderly serviceI want my mom with my sister?
answered on May 2, 2022
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... Read more »
I'm not positive about Medicaid. She receives $1500.00/mo from separated spouse & $200.00/mo in socal security. She has no other assets...Until...a sister died & has left her an inheritance of $200,000.00+.
She has 8 children. Our questions are, if she stays in the nursing... Read more »
answered on Apr 26, 2022
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... Read more »
I have a tenant that live above me that have two kids in there and they're very noisy and I could understand that kids can be kids but they're not even trying to calm them down even with the dog dropping things and all kinds of stuff I am 62 years old and I don't need the extra... Read more »
answered on Jan 26, 2023
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.
My father passed away and left an irrevocable trust. My sister and I are co-executors and everything is divided 50/50. She has gone behind my back and taken things (of significant value). Is that legal and if not what can I do to stop her? My sister and I have been estranged for many years so there... Read 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.
A second cousin is named as an alternate in a will. The first cousins are the heirs-at-law. The second cousin is contesting the will.
answered on Jun 28, 2021
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.
answered on Mar 29, 2021
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... Read more »
It is impossible to sell my house with all the heavy junks they dumped into my property. I need to sell my house.
Would the house still fall under part of his estate
answered on Jan 20, 2021
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... Read more »
The judge did not mandate placement in a long term care facility. She continues to relapse and put her safety at risk and our next court date is not until January 2021. The medical certificate said that she is incapacitated but now an independent medical evaluation was ordered. Can I mandate that... Read more »
answered on Oct 22, 2020
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.
My husband is Durable POA, we need to get my FIL into more suitable housing (without stairs) and found a place, and plan to use a HELOC on his current residence (free and clear) to finance about 25% of the purchase. Then once he’s transitioned we will sell the current residence which will... Read more »
answered on Aug 19, 2020
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... Read more »
answered on Jun 15, 2020
What was the residence listed on the death certificate? Before she was in the nursing home was she living in RI?
parent living in siblings house , sibling changed house phone to unlisted does not answer cell . Was renting rooms in house. Have no way of contacting parent. I called senior services who is starting home care but they won’t return calls to give updates. So am I supposed to guess that my parent... Read more »
answered on Jan 3, 2020
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.
any rights?
answered on Nov 25, 2019
If the Probate Court has determined that the individual needs a Conservator, then there should be a Medical Certificate indicating the need for same and there would have been a legal proceeding unless the disabled person consented to the appointment of a Conservator. A Guardian makes determinations... Read more »
Closing was set for tomorrow 10/16/19. i have done repairs and updates to the lawful expectations of the original inspection in a timely manner by my agents father who i paid for his services. My real estate agent has not been forthcoming about many items through this process. A week ago the buyers... Read more »
answered on Oct 15, 2019
I strongly suggest you contact a lawyer to represent your interests as soon as possible. The agent/broker is supposed to be working for you, the seller, and no one else. Most P&S agreements state the buyer is prohibited from entering the premises and/or doing work n the premises with the... Read more »
I live in the Northeast and have struggled to ensure that she is handling financial matters without issue. We had tremendous difficulty understanding what my father had set up financially. Took a while to find the will also. She started working with a lawyer to update her will that had not been... Read more »
answered on Sep 18, 2019
Do you have agency under the power of attorney? - if so then you can act on her behalf id you have possession of same. Otherwise you will need a Tennessee attorney who specializes in conservatorships to have yourself appointed as such or at least to advise you on what your options are.
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... Read more »
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... Read more »
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