if medicaid sees that her house was transfered to me (son) within the previous 5 yrs do i have to give medicaid the house in order for her to be admitted to a nursing home with out delay ?
Most states allow a give back of property (in certain contexts called a "penalty cure") by the kids to the parents. So no, they will not seize the house.
If you received the house from her recently, a give back may be the best thing. However, if she "otherwise... Read more »
He already took her 2 friends estates. She got angry and devised a new will. A lot of $ involved.
This person obviously knows what he is doing so you better get a good lawyer to make sure he doesn't win.
Which poa should be followed
A “springing power of attorney” is also referred to as a “conditional power of attorney”, which is a power of attorney that is activated after certain conditions are met - typically when the principal becomes disabled or mentally incompetent. However, it could also be used when someone is... Read more »
She had surgery and was sent back to the nursing home, stable but with a PICC line for 6 weeks of antibiotics. She developed a med allergy at the nursing home and the doctor discontinued the antibiotics after 1 week. He did not do bloodwork or give her another antibiotic. She died 3 weeks later of... Read more »
Yes it sounds like you have a good law suit, but of course more information would need to be known to determine how good. I suggest you setup an appointment to meet with an experienced lawyer and bring with you all the medical records you have.
Beneficiary has evidence to prove the POA/Trustee is breaching his fiduciary duties. Beneficiary hires a lawyer. His lawyer petitions the court for a discovery which is denied. Judge orders a deposition of the POA/Trustee. My lawyer failed to reveal a significant amount of info to persuade the... Read more »
You didn't ask a specific question, I suggest that you seek an in office consultation to get a second opinion if you don't like what your lawyer is telling you or what he is asking you to do. That being said expect a lawyer to charge you for his time and advise.
Their mother has dementia and recently entered a nursing home. Went into the hospital for surgery and is now in a rehab center. They told her son they cannot give him any information on her condition. They were also told they cannot visit as per the other sibling. Their mother is my sister.
This type of setting is terribly sad and I am sorry that you and your family is going through this setting but I am also guessing that there is a long history underlying the hostilities being expressed by one group of siblings against their brother and I am also guessing that there is concern that... Read more »
Are attorneys able to get an audio of a court hearing that they're involved in fairly quickly?
Yes, absolutely. For a $10 fee, it is quite simple to obtain audio of a Court proceeding. The audio file is usually provided by the Court within a couple days.
Stocks were sold recently and had a gain of over $100,000, for example.
Yes. An executor is entitled to commission on the income from an asset of the estate. See New Jersey Statute 3B:18-13 which reads in part: Commissions in the amount of 6% may be taken without court allowance on all income received by the fiduciary.
And give it to me. I am the executor. What do I need to do. Want to avoid probate
You need to schedule a personal consultation with a probate attorney and provide more facts. Disclaimer might not achieve the result you want because it results in your children being deemed to have predeceased your mom with the result that the funds would go to persons other than you, depending on... Read more »
I am overwhelmed and there is too much stuff now packed into the storage units. I can’t even pull things out for the organizations to take stuff. I have one month before the first group is due in about a week after that the second group is due. If I have to pay all of these I will not be able to... Read more »
I am sorry to hear about your situation. Have you looked into any of NJ's state assistance programs?
https://www.lsnjlaw.org/Housing/Landlord-Tenant/Evictions/Pages/Programs-Prevent-Eviction.aspx
A solar company signed my dad (70 years old) into a 20 year contract. His signature was digitally signed by the representative who scammed my dad into buying the panels. He told my dad everything would be "free". That is all what he repeated through out. Not to mention, my dad speaks... Read more »
I highly recommend that your father contacts an attorney to have a consultation regarding this issue. I have experience dealing with a solar panel company regarding fees and costs of the monthly installments and have successfully negotiated the removal of the panels and canceling of the contract.... Read more »
My elderly, low income mom (on medicaid) resides in an assisted living facility . I pay her rent there every month. They added on a $4,000 charge and recently and claimed it was because they did not bill her the correct amount monthly, going 2 years back. She doesn't have this money, can... Read more »
In order to answer this question an attorney would need to review any contracts signed by your mother and by you. Some violations of the law allow you to demand that your attorneys fees be paid by the defendant t in certain circumstances and if an attorney thinks you have such a case and it is... Read more »
Nursing home has gotten 300,000 and we don’t want them to get the home too. She has two sons that want to keep it however my husband took guardianship over her 6 months ago
If its a bill it must be paid, you got the services and agreed to the price they can sue.
My husbands’ parents have a conservator, but he is intimidating them and bullying them. They were tricked into signing affidavits by their daughter, who is only concerned about her inheritance, saying they are incompetent. Not until after the conservator was appointed, did they know what the... Read more »
Conservatorship usually requires the consent of the wards. They need to get an attorney, if they are being abused emotionally or financially or if they gave their consent under duress or false pretenses. If they truly lack capacity, guardianship is probably the more appropriate remedy, since... Read more »
They are legal in all 50 states. There is nothing illegal about them. Any business or service provider can freely chose how they want to conduct business, subject to existing law. Many of them are on a very limited or fixed income.
NEW JERSEY RESIDENT.
My son is abusive, aggressive, never helped in chores or made contribution or rent. He graduated college. I am a disabled elderly man, his abusive, bully, he scares me. I do not want him to come back into my home. I asked him for the house key, and he turned it to... Read more »
This is a tough position. On the one hand you love your son, and on the other you have to protect yourself.
Your risk of shaming the locks outside of an agreement is that your son has a right to notice.
If, however, your son legitimately scares you, and he is exhibiting aggressive... Read more »
I am oldest son , i feel i should of been on paperwork
The decision is made by your father not by anyone else including your sister or you, if he's doing this advance directive while he is still of sound mind and body
Both of their names are on the house. Does she have to sell?
Better have your mother talk to a lawyer and see if he is still of sound mind and body to sign a power of attorney so your mother can sell the house.
I suggest you notify the real estate agent of this fact.
My brother is an addict. Before we knew this he was my mother's caretaker. We remove him from my mother’s home about 5 years ago after he stole a large amount of her money. Now we are applying for Medicaid for my mother who has been in an assisted living facility for over two years. She is... Read more »
It all depends what degree the charges are and his past criminal record and background and whether he already served county or prison time before. Also, has he kicked the habit? He's facing anywhere from fines to a criminal record, probation, community service and even jail.
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