Get free answers to your Elder Law legal questions from lawyers in your area.
An elderly man married a woman 13 years younger who has allegedly used him and spent his money. He is unaware that she is still married to another man in a different state. His family has hired a private investigator due to her alienating behavior and other red flags. What legal actions can be... View More 
answered on Mar 20, 2025
There is a lot to unpack there. Firstly, he didn't marry anyone. If she was married to someone else when she "married" that elderly man, the marriage to the elderly man is void (bigamy is illegal in NC).
Secondly, if she abused his funds, she could be guilty of a felony... View More
I have a family member who is wheelchair-bound and incapable of basic self-care. Currently, I have medical power of attorney for them. They have been discharged from two assisted living facilities due to the level of care needed and have had multiple ER visits and lengthy hospital stays. There are... View More
answered on Mar 5, 2025
Unfortunately, the state cannot grant a power of attorney of any type. If you are the agent under the healthcare power of attorney and that family member is incapable of making decisions for themselves, then you are the shot-caller at the present time. The real issue is about finances.... View More
I want to just file one POA that covers everything including Healthcare decisions
answered on Oct 15, 2024
Most people have two Powers of Attorney documents produced, a Health Care POA and a Financial POA. This is because they are very distinct roles, one is for health care and the other is for financial. A Financial POA can be filed at the County Register of Deeds Office. The Health Care POA can be... View More
My landlord sent an email saying my child must live with me or I have to move out. She stated that I couldn’t do anything to move any of her property but I must repair her house and improve her land. She also states that I must replace her appliances that have wore out over the 11 years I have... View More
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answered on Jun 3, 2024
Your landlord's demands and actions raise several legal concerns. Generally, a landlord cannot force you to have certain people live with you or dictate who can and cannot live there, beyond the terms specified in your lease agreement. Additionally, your landlord should not be entering your... View More
Both my Federal and NC state tax is zero AGI. Can anyone help with ???
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answered on Apr 18, 2024
It's best to consult with a local tax attorney or the Iredell County Tax Assessor's office.
In North Carolina, the elderly or disabled property tax exemption (also known as the Homestead Exemption) is available to qualifying homeowners aged 65 or older, or those who are totally... View More
I'm the one who took care of him when he was home his family never came around unless they wanted something and i have witnesses who can testify to that he's currently in a nursing home in NC and I am in the nursing home in Virginia I want him moved with me
answered on Apr 12, 2024
I am not licensed in Virginia, but I am licensed in North Carolina and several other states and will answer based on how North Carolina operates. Realistically, you'll need an attorney in each state or an attorney licensed in both states to do this.
In general, transferring... View More
My parents have been separated for over 20yrs. My dad has not been involved in my mom's life for 20yrs..Until she got a brain injury that would potentially send her to a nursing home. I have been the caregiver of my mom. My dad got involved because he would not let my mom go to a nursing home... View More
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answered on Feb 23, 2024
You have several options to intervene in this situation and protect your mother's well-being. Firstly, you can consult with a lawyer who specializes in elder law or healthcare advocacy to explore legal avenues to challenge your father's decision. They can advise you on your rights as your... View More
Looking to buy my husbands grandmas house, she may eventually need to go into assisted living due to dementia
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answered on Dec 12, 2023
In North Carolina, a nursing home itself typically does not have the authority to "take" a family member's house. However, if your husband's grandmother eventually requires Medicaid to pay for her long-term care, there could be implications for her estate, including her house.... View More
I have an issue with my niece and nephew who are taking advantage of my elderly mother, who has been in the hospital for almost two months and is incapable of making decisions for herself. She gave my niece power of attorney while hospitalized. My brothers and I are being kept from entering her... View More
answered on Mar 5, 2025
You need to file a petition for guardianship and check the box for an interim guardian. This will get you before a clerk sooner and you will be able to explain the situation. You can also reach out to your county's adult protective services and they may even be willing to help you with that... View More
answered on Nov 19, 2024
A North Carolina attorney could advise best, but your question remains open for three weeks. Yes, there are many of them. By now, you've probably already been searching on your own. You could supplement your efforts with the "Find a Lawyer" tab above, as well as the attorney referral... View More
I'm in a nursing home now because I fell and dislocated my shoulder and fractured it 4 times my husband is in a nursing home in NC and I want him moved with me his brother and sister currently have guardian ship I don't know how they got it I am the one who took care of my husband when we... View More
answered on Apr 20, 2024
It isn't possible to answer with any degree of specificity why you were not granted guardianship without seeing the court file. This is a situation where you need to schedule an appointment with an attorney with the paperwork you have.
I live in Canada and my Father is a US Citizen in North Carolina and there is an issue of trust
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answered on Oct 10, 2023
In North Carolina, to check if your stepmother has filed a petition regarding your father's mental capacity, you can contact the Clerk of Superior Court's office in the county where your father resides. They manage guardianship and competency proceedings. Remember, guardianship... View More
Not legally as I have the deeds. Father is alive, Mother deceased. He is claiming squatters rights that he's living with my father over 2 months. Some lawyer told him can claim the property? Is this legal?
I have the deeds as my brother is an ex-con.
answered on Aug 17, 2023
You probably need to get an attorney to look at everything.
The physical deeds are just pieces of paper the only thing that matters is what is recorded in the register of deeds.
Primary interest is nursing home protection
answered on Jul 12, 2023
It is one of the ways to protect the home from Medicaid claims currently. Without a more detailed consultation, I cannot recommend it over any of the other methods.
1: I want estate ownership moved to a relative (great nephew). Estate (house and 9 acres).
2: I want to live in house and maintain yard (1 acre) as it is mine.
3: I want not to show any income increase (capital gain, other).
4: Inheritance Will with rights of ownership at... View More
answered on Jun 27, 2022
It sounds like you need to have a consultation with a lawyer to explain what you want to do and why you are doing it. Because while everything you asked is possible it may not have the effects you intend.
My father is a homeless veteran due to a consent judgment outside the original will.
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answered on Jul 21, 2021
A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... View More
My Brother and I were his only Grandchildren. Our Father (his Son), was an only child, died in 1978.
His 1st Will had left his home to my brother and I, which had been that way his entire life!
He had a home, his 3rd wife had a home elsewhere. It was agreed, his property would go... View More
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answered on May 21, 2021
If the will the stepchildren obtained has been accepted by the probate court without challenge and if you were properly notified of the probate case at the time and given a copy of the will, chances are it is too late to contest it now. Contact a probate attorney in that county for a complete... View More
My Grandmother died in 1950's. She had 1 child, my Father. I've been told, the home had been build by my Grandmother, before my Father was even born.
My Father also died in 1978. My Brother and I are the only living relatives!
Our entire life, we were told her Will... View More
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answered on May 21, 2021
A will is not valid if the testator lacked capacity at the time or if it was the product of undue influence. You can contest the will if you think that is what happened but you must act quickly or you will lose any rights you might have had. Look for a probate or will contest attorney in the... View More
I am named executor on both wills.
The cash in joint checking (only assets left) went to husband at death but wife had surgery the day she passed so there will be some medical bills. Can I pay wife’s medical out of husband’s estate? - if not, how are they handled. There is enough cash... View More
answered on Jan 20, 2021
Unfortunately, you have to probate both wills, first, all of the wife's property passed to the husband, and then all of the husband's property passed according to his will. Joint checking accounts are an asset that can be brought back into the estate even though they pass outside of the... View More
Daughter wanted it out of reverse mortgage.
Asked me to sign a paper to do so. I did,after much
Badgering! Only to find out later it was a quit claim deed that I signed!
Her husband has now evicted me! Do l have any rights ?
They have all household goods also.
answered on Oct 15, 2020
You probably have a good argument that the quitclaim deed was signed either under fraudulent circumstances or duress. Either way, you need to contact a local attorney as this is going to take a lawsuit to get fixed. Your lawyer will need to sit down and discuss all of the details to determine what... View More
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