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Massachusetts Elder Law Questions & Answers
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
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
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.... 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... Read more »

Kristi Burmeister
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... 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?

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Lillian J. LaRosa
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
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
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
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... Read more »

Lillian J. LaRosa
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... Read more »

Inna Fershteyn
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...
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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... Read more »

Lillian J. LaRosa
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.
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
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.

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1 Answer | Asked in Elder Law for Massachusetts on
Q: Can a parent deed over their house to a disabled son upon entering a nursing home to avoid having to use that asset for

For her nursing home care

Lillian J. LaRosa
Lillian J. LaRosa answered on Jul 20, 2017

To generalize, yes, but the adult child disability award documents should be reviewed as well as there being the issue of whether the parent has the competence to execute deeds and legal documents. If the parent is at the point of entering a nursing home. Also, there are many considerations the... Read more »

3 Answers | Asked in Estate Planning, Elder Law and Health Care Law for Massachusetts on
Q: Is there a "healthcare P.O.A" to designate someone to make medical decisions for you, if you are intact/alert?

I am 98.5 yrs old, visually impaired, and wish to have my daughter, who is a clinician make all medical decisions for me. I have executed a health care proxy and durable P.O.A., but they only are activated if I am unconscious or not intact mentally.

Kenneth V Zichi
Kenneth V Zichi answered on Apr 26, 2017

MANY states require this be a 'springing' authority so that you have the 'final say' in any decision if you are capable of doing that. I'm not sure about MA but Michigan certainly does.

HOWEVER, if you are competent, you ALWAYS (in any state) have the option of...
Read more »

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1 Answer | Asked in Elder Law for Massachusetts on
Q: Would claiming my mom as a dependent in my taxes affect his MassHealth eligibility?

Mom is 80 years old and has no income. She lives with us and we pay for all her expenses except for her MassHealth insurance. Her insurance covers all her medical visits, exams, labs. We pay the co-payment for her medicines. My concern is if we claim her as a dependent in our taxes, that she will... Read more »

Brian Barreira
Brian Barreira answered on Apr 18, 2017

No, tax issues are unrelated to MassHealth issues. A child's income tax returns are not ever requested in a MassHealth application or redetermination.

1 Answer | Asked in Elder Law for Massachusetts on
Q: 92 yr old going into nursing home &house has to be sold to pay can children sell if no POA & no incompetency?
Lillian J. LaRosa
Lillian J. LaRosa answered on Feb 20, 2017

Hello, If your parent is competent then he or she can execute a power of attorney authorizing his children to conduct the home sale. However, if he or she is in a gray area of competence, then a Conservatorship should be seriously considered .

1 Answer | Asked in Elder Law, Family Law and Real Estate Law for Massachusetts on
Q: What are my rights?Husband left me 3wks ago. Both names on the home.I have paid all the bills.Can my son move into help?

What are my rights?Husband left me 3wks ago. Moved in with his sister in Texas. Both names on the home mortgage with huge balloon payment in 28 yrs. No equity in the home. I have paid all the bills.Can my son and daughter-in-law move into help me with the mortgage? We have a MHA mortgage. We pay... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Feb 8, 2017

You say you only have 2 months of payments left, yet you say there is no equity in the home. These claims are at odds. You may want to file for divorce to settle the property dispute. I see no problem with leasing the home to tenants. More details are necessary to provide a professional analysis of... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Elder Law for Massachusetts on
Q: My father owns the house I live in if he goes into a nursing home do I have to leave the house

I have lived here for 13 years and my wife and children live here as well. I am worried because there is no trust on the house but my father has a will and on the will the property goes to myself and my brother . But if the health insurance did not cover the nursing home would they put a lien on... Read more »

Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 11, 2016

You're asking hypotheticals without sufficient facts for an attorney to answer your question. Your living situation there might be in jeopardy, but it depends on a lot of facts. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: Is there any way to over turn a power of attorney when it is being abused?

My grandfather was diagnosed with dementia in Florida, where he and grandma lived. He was suffering severe bouts of memory loss when his daughter, grandma's stepdaughter, came from Mass with an attorney and asked him to sign power of attorney to her. He did, but grandma did not want to and... Read more »

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 20, 2016

If she is competent she can revoke a power of attorney. An attorney can prepare a revocation and then if there are assets that have been used wrongly and/or aunt will not account for what was done with funds in her care and control there may be a proceeding against aunt, also. Consult a probate... Read more »

1 Answer | Asked in Elder Law for Massachusetts on
Q: Can a nursing home have a dementia patient, who has a daughter as durable power of attorney, sign legal documents?

I'm sure my mom had no idea what she was signing, after I have been harassed and threatened by the facility, to sign a mortgage on her home to pay them. And I was never notified, found out by accident. I am disabled and child caretaker for over two years living in the home, which prevents... Read more »

Adam Studnicki
Adam Studnicki answered on Jan 15, 2016

There may be defenses here. Talk to a local elder law lawyer about the details.

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 situation. It...
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