Ohio Elder Law Questions & Answers
Q: My parents didn't agree with my marriage 11 years ago and I was not allowed to be part of the family.
Joseph Jaap's answer
That really is a matter best resolved within the family. Talk to siblings or others. If he is staying at home, she could keep you from entering, unless he can let you in. If he is in a care facility, she might have given them instructions on who can visit. You could file a court action to try to gain access. Use the Find a Lawyer tab to retain a local estate planning or probate attorney to review the facts and advise you.
That really is a matter best resolved within the family. Talk to siblings or others. If he is staying at home, she could keep you from entering, unless he can let you in. If he is in a care facility, she might have given them instructions on who can visit. You could file a court action to try to gain access. Use the Find a Lawyer tab to retain a local estate planning or probate attorney to review the facts and advise you.
Q: I am seeking assistance on how to get my father-in-laws Power Of Attorney switched to my wife with out costing to much.
Joseph Jaap's answer
He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...
He can revoke her POA by sending her written notice, and also notifying any banks or other businesses with whom he does business. He can then execute a new POA. Rather than a POA, it might also be done with joint ownership of his bank accounts. He really needs some advice on how to do it properly based on his situation. Use the Find a Lawyer tab to retain a local estate planning attorney familiar with elder law issues to help him. Call around to find one. It might cost him a few hundred...
Q: Can I prosacute a case that is over the Ohio Statute of Limitations
Matthew Williams' answer
It is probably too late, but you can contact adult protective services to see if there is anything they can do: https://dsas.cuyahogacounty.us/en-US/adult-protective-services.aspx
It is probably too late, but you can contact adult protective services to see if there is anything they can do: https://dsas.cuyahogacounty.us/en-US/adult-protective-services.aspx
Q: Mom is 66 I have POA,she sold LLC, she was president, now they are trying for her personal assets,she has none,on ssi?
1 Answer
| Asked
in
Civil Litigation, Elder Law, Legal Malpractice and Medical Malpractice
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter N. Munsing's answer
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
I think I answered this already. Did the tavern have insurance? That should cover the claim, get her an attorney. If the claimant settled, see the release. Otherwise, get a consult from a bankruptcy attorney. That would put the other proceedings on hold.
Q: Mom 66 years old, owned LLC, was president- being sued, thinks assets hidden? How can they sue her?
2 Answers
| Asked
in
Civil Litigation, Elder Law and Medical Malpractice
for
Ohio
on
Answered on Sep 12, 2018
Answered on Sep 12, 2018
Peter N. Munsing's answer
On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.
On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.
On the mesh implant if the implant was less than two years ago I can get you the name of an attorney who will give a free consult.
On the michigas with the bar, seems that she should contact a bankruptcy attorney. If she's judgment proof no downside; it stops that other litigation.
Q: I have been married for 33 years. 16 years ago I bought a home in my name only. Soon my husband may have to go to a
Moshe Toron Esq's answer
Generally not, if you outlive your husband. However, a certain amount of other assets you own might need to be spent before he can qualify for Medicaid.
Generally not, if you outlive your husband. However, a certain amount of other assets you own might need to be spent before he can qualify for Medicaid.
Q: The price for setting up estate planning and medicare and medicade for nursing home care.
Matthew Williams' answer
Depends heavily on the complexity of the estate. If the individual is simply poor and already medicare and Medicaid eligible, there's not much to plan. If it is a disabled person whose family has set up a substantial trust (or wants to), it is significantly more complex.
Depends heavily on the complexity of the estate. If the individual is simply poor and already medicare and Medicaid eligible, there's not much to plan. If it is a disabled person whose family has set up a substantial trust (or wants to), it is significantly more complex.
Q: Hi! If my dad is elderly but still very sharp, are others allowed to intrude and make his decisions for him?
Moshe Toron Esq's answer
If he signed a Power of Attorney for finances, then they probably have the ability to take control over his finances. However, if he does not want to continue this arrangement, then he can revoke the Power of Attorney document and take back control over his finances.
If he signed a Power of Attorney for finances, then they probably have the ability to take control over his finances. However, if he does not want to continue this arrangement, then he can revoke the Power of Attorney document and take back control over his finances.
Q: My 81-year-old mom is living in a dangerous situation due to her hoarding. Can I do something to force her to get help?
Joseph Jaap's answer
If you cannot persuade her to do what is necessary, then you could attempt to be appointed her guardian by filing in the probate court, but you would need a doctor to confirm that she is not fully mentally competent and requires a guardian. Your brother may be taking advantage of the situation to keep a place to live for himself. Persuade her to meet with an estate planning attorney to review her situation, especially Medicaid planning, and to at least execute a health care power of attorney...
If you cannot persuade her to do what is necessary, then you could attempt to be appointed her guardian by filing in the probate court, but you would need a doctor to confirm that she is not fully mentally competent and requires a guardian. Your brother may be taking advantage of the situation to keep a place to live for himself. Persuade her to meet with an estate planning attorney to review her situation, especially Medicaid planning, and to at least execute a health care power of attorney...
Q: Does a home in an irrevocable trust get a step up in basis upon death of the grantors?
Moshe Toron Esq's answer
Yes, this is commonly done by including a trust provision that causes the trust to be includable in the decedent's estate for tax purposes only.
Yes, this is commonly done by including a trust provision that causes the trust to be includable in the decedent's estate for tax purposes only.
Q: Regarding Ohio SNF ResidentTrust Fund/Personal Needs Account.
1 Answer
| Asked
in
Estate Planning, Family Law, Elder Law and Probate
for
Ohio
on
Answered on Apr 19, 2018
Answered on Apr 19, 2018
Moshe Toron Esq's answer
Perhaps there is an unpaid funeral bill to be paid.
See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA account funds shall be used to pay the funeral and/or burial expenses."
The family could also file for Release from Administration, which may not be as expensive.
Perhaps there is an unpaid funeral bill to be paid.
See Ohio Administrative Code 5160-3-16.5)H)(3)(c) "If funeral and/or burial expenses for a deceased resident have not been paid, and all the resident's resources other than the PNA have been exhausted, the resident's PNA account funds shall be used to pay the funeral and/or burial expenses."
The family could also file for Release from Administration, which may not be as expensive.
Q: My father inlaw has dementia his wife obtained powe of attorney .
Joseph Jaap's answer
Use the Find a Lawyer tab to contact a local probate attorney who does guardianships to review all the facts and advise you what you can do to try to obtain guardianship.
Use the Find a Lawyer tab to contact a local probate attorney who does guardianships to review all the facts and advise you what you can do to try to obtain guardianship.
Q: We are looking into Medicaid planning for my grandparents.
Moshe Toron Esq's answer
If they have a child who collects Social Security disability, then there are trusts that can protect some or sometimes all of these assets.
In addition, there are other strategies to protect some of these assets.
It would be well worth your while to speak to an elder law attorney. Many will give you a free consultation to discuss your situation.
If they have a child who collects Social Security disability, then there are trusts that can protect some or sometimes all of these assets.
In addition, there are other strategies to protect some of these assets.
It would be well worth your while to speak to an elder law attorney. Many will give you a free consultation to discuss your situation.
Q: My mother is 84 with Alzheimer's in Ohio. How do we best use her remaining assets to provide her medical care?
2 Answers
| Asked
in
Estate Planning, Elder Law and Health Care Law
for
Ohio
on
Answered on Mar 19, 2018
Answered on Mar 19, 2018
Joseph Jaap's answer
Use the Find a Lawyer tab to locate an estate planning attorney with experience in elder law issues, including Medicaid.
Use the Find a Lawyer tab to locate an estate planning attorney with experience in elder law issues, including Medicaid.
Q: My mom had a stroke and I want her to come home after rehab.
Moshe Toron Esq's answer
Even if her income seems too high, there are ways to still qualify for Medicaid, such as by setting up a qualified income trust.
In terms of her assets, it may be worth spending them on her care and then qualifying for Medicaid, when her assets are below $2,000.
If she has substantial assets, it may be worth speaking to an elder law attorney to find out your options.
I would need to know the cash value of the life insurance, before addressing that specifically.
Even if her income seems too high, there are ways to still qualify for Medicaid, such as by setting up a qualified income trust.
In terms of her assets, it may be worth spending them on her care and then qualifying for Medicaid, when her assets are below $2,000.
If she has substantial assets, it may be worth speaking to an elder law attorney to find out your options.
I would need to know the cash value of the life insurance, before addressing that specifically.
Q: I have POA for my father in hospice, and he does not have a will.
Joseph Jaap's answer
His POA will terminate at his death. Check with BMV about changing title to car now or transfer on death. His estate will be liable for his debts. If his estate is insolvent, then the creditors won't be paid.
His POA will terminate at his death. Check with BMV about changing title to car now or transfer on death. His estate will be liable for his debts. If his estate is insolvent, then the creditors won't be paid.
Q: I know someone who isn't properly using his elderly mother money but she isn't competent to sign for a different POA
Joseph Jaap's answer
Other family members would have to get involved and take action in court to terminate the POA and appoint a guardian for her.
Other family members would have to get involved and take action in court to terminate the POA and appoint a guardian for her.
Q: My aunt took over my grandma house when she died and never reported to state she's been paying land tax living there 16y
Joseph Jaap's answer
Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you if you have any claim to the house or estates of your father or grandmother.
Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you if you have any claim to the house or estates of your father or grandmother.
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