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Mississippi Elder Law Questions & Answers

1 Answer | Asked in Criminal Law, Family Law and Elder Law for Mississippi on

Q: Possession of Stolen Firearm.

My mother’s court appointed Guardian is refusing to allow me into mother’s house in Corinth in order to retrieve my rifle I left there by mistake. She claims it’s her (guardians) house and if I attempt to retrieve my rifle she’ll have me charged with criminal trespass. Can my weapon be... Read more »

Gary Kollin answered on Sep 14, 2018

File for a writ of replevin

1 Answer | Asked in Elder Law for Mississippi on

Q: Can my husband get power of attorney to handle his mother's affairs?She has advanced Alzheimer's disease.

She is incapable of appointing anyone herself,can't sign papers or handle her affairs.

Arthur Calderon answered on Jun 18, 2018

It sounds like the best option may be for him to get a conservatorship over her, so that he can manage all of her affairs. A conservatorship is similar to a guardianship, except that it is used for adults who are unable to manage theirs affairs, whether because of advance age, medical diagnosis,... Read more »

1 Answer | Asked in Elder Law for Mississippi on

Q: My brother is executor of my mother's will. She is still living in her home with round-the-clock care and is 94.

He has locked the information away (all copies of her will)and taken away the combination too her safe. She is also being told that her money is running out and I am not sure this is factual. I am concerned by the secrecy.

Richard Winblad answered on Mar 28, 2018

Your mother can write a new Will.

If you fear financial abuse you may seek a Guardianship. See an attorney in your area.

1 Answer | Asked in Estate Planning, Elder Law and Land Use & Zoning for Mississippi on

Q: We wanted to leave our land and store to our grand-daughter, under the condition that it's not sold.

How do we go about leaving the land and the structures on it to our deceased son's daughter in our will (and makes sure our grand-daughter is going to keep it) over our daughter with this condition in place? Our daughter will attempt to take it from her and then sell the land as soon as we are... Read more »

Randall R. Saxton answered on Mar 8, 2018

Yes, you can set up a trust to transfer the assets into with your desired stipulations.

1 Answer | Asked in Elder Law, Nursing Home Abuse and Health Care Law for Mississippi on

Q: Is it right to have 2 Cnas on the floor of a nursing home of 57 residents

Arthur Calderon answered on Feb 21, 2018

That’s a tricky question, as it goes to what the standard of duty as it relates to nursing homes and maintaining the safety of its residents. Assuming that there is an allegation of abuse, neglect, or injury, a lawyer would need additional information about the resident, the injury, and the... Read more »

1 Answer | Asked in Elder Law for Mississippi on

Q: Is a house sold to an LLC months before death free from medicaid or medical bills?

This is in MS

Inna Fershteyn answered on Aug 3, 2017

It depends if this transfer can be deemed as"fraudulent conveyance". Usually anything done to avoid paying creditors especially less than 6 months before would be questioned.

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies...
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