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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.
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... View More 
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
answered on Dec 21, 2017
This sounds highly unusual and you should meet with an attorney as soon as possible.
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... View More
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... View 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... View More
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... View 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... View More
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... View More
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.
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... View More
In Massachusetts. The property is now for sale and the realtor says we must hire probate atty. true or false and in what state?
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.
For her nursing home care
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... View More
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.
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... View More
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... View More
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.
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 .
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
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... View More
answered on Apr 19, 2011
In short, yes. Of course you'll want to review the document carefully to see whether it becomes effective immediately, or only on the incapacity of the principal (springing), or whether it specifies any other events of termination. However, your basic, run of the mill Durable Power of... View More
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