Get free answers to your Elder Law legal questions from lawyers in your area.
My grandma had 2 children my dad and my aunt who took over grandma house. What are my rights my dad just passed away.
answered on Jan 29, 2018
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.
answered on Jan 19, 2018
Use the Find a Lawyer tab to consult a local estate planning attorney who is familiar with elder law and Medicaid issues, who can review all the facts and advise.
Policy had no cash value, and was paid out directly to the beneficiary / not to the estate. Beneficiary is the child of deceased, over 21 and not disabled.
Received letter from Medicaid Asset Recovery. Want to know if this life insurance benefit is eligible to be taken by them.
answered on Oct 18, 2017
Ohio Law is not crystal clear on this. On the one hand, the Estate Recovery statute claims a very broad right to any asset held by the Medicaid recipient at death. On the other hand, the Ohio statute regarding life insurance says that it is usually protected from creditors, as long as a beneficiary... View More 
My grandmother lives a good distance away, she refuses to get into contact or communicate with us (her family) and solely relied on her neighbors for transportation to doctors, the grocery, and other things; she has a brand new car (not even 3 years old and a valid license)..because she has... View More
answered on Oct 9, 2017
Start by talking to senior services for assistance. They can recommend some actions you can take. It might be possible to file a guardianship action in probate court where she lives, but that could be complicated.
Ed take my mom to court for my dad's half of the estate?
answered on Oct 1, 2017
If the home were owned with rights of survivorship (which is typical for married couples) then the surviving spouse will own the WHOLE house now and there is no 'dad's half of the house'. Regardless, the surviving spouse will inherit FIRST before adult children in every state. In... View More
My parents owned a small property in Ohio & wanted the sale of this to be distributed evenly among their 3 daughters. Father passed, and mother lived there until moving in with one of the daughters. Property just sold for just under $60k. We want the money protected in the event that she... View More
answered on Aug 30, 2017
Your mother should consult the attorney who drafted her will, and discuss her goals and if any changes to her will or estate planning are necessary. There also are Medicaid recovery issues she should consider. What she should do depends on all the facts of her situation. She should speak with... View More
It would be in case she would need healthcare on a facility. Can she split the rest of money between her four daughter's?
answered on Aug 12, 2017
Wow it's a tough one! Your mom is 95 it's amazing may she live to be 120!
As for the house- best thing is to wait for the house to pass to you after her death because of Step Up basis. I would actually put a house into Irrevocable trust and leave your mom a life estate.... View More
Many names and accounts in the trust are old or closed. Most of her assets have been used for her medical care. She lives with me in my home in Florida and has for the last 6 years. She even has a Florida drivers license. She would actually like to sign her home over to my sister who is an Ohio... View More
answered on Jul 27, 2017
Your grandmother needs to consult with an elder law attorney who can advise her about potential Medicaid claims if she makes transfers of assets. Use the Find a Lawyer tab to find an estate planning attorney who works with elder law to review the trust, her situation and assets, and who can then... View More
She is 13, a neighbor of mine. She has told me that her father pins her against the wall and smacks her face and that he and her mother beat her with a belt, not stopping until she cries. She has told church officials, family, and teachers but the situation persists. I want to help her, her mother... View More
answered on May 9, 2017
Nobody is going to take her to jail. What firsthand knowledge do you have of her abuse? Did you witness it? Can't you go to CPS with her to file the report? Have church, family, and school already tried that? Does she have siblings that also are abused or can go with her to CPS with you... View More
he is in ICU for a month now in Drake which doctors are at less 3 month then he will still need 24 hour care
answered on Apr 17, 2017
You must file a guardianship petition with the probate court in the county in which he lives. Check the court web site for the documents and process. Or you can use the Find a Lawyer tab to consult a local attorney to assist you.
Oct 2015, I fell attached to my power-chair onto the street because the city had not officially closed the sidewalk and I was trying to get to my apartment where I have lived independently for 20 years. I am severely disabled but have worked to be independent. I became unconscious with a head... View More
answered on Jan 25, 2017
You have two issues. One is a claim against the city or the owner of the property.You need to contact a member of the Ohio Assn for Justice in your area --they give free consultations. You can explain your injuries. You then can ask about this issue but I don't see that they can do much in... View More
My parents set-up a trust and made wills before my mom died naming my brother and sister as co-executors. My brother has always been a liar and a thief which my mother knew and the reason she wanted my sister involved. Once my mom died, my brother managed to systematically cut my sister out and now... View More
answered on Dec 7, 2016
You need an attorney to help you to file a claim in probate court to determine if the brother is wrongfully using your father's assets. If you really cannot afford to get an attorney, then contact your local senior services agency.
answered on Oct 2, 2016
Yes, "dating" is fine. Any sexual contact with the girl would be a very serious crime though.
I sent them a check in the amount of $5500 as payment in full. That was about two months ago. They have not yet contacted me regarding installation. I have called them twice with poor results. As far as I know they have not cashed my check, but the $$$$ is tied up. They do not return my calls.... View More
answered on Jun 28, 2016
At this point, it may be best to engage an attorney to contact them and get the check returned so you can hire another company. Alternatively, you could file a lawsuit for breach of contract and conversion, or call the police. Many police departments have begun treating these got the money and... View More
answered on Jun 3, 2016
Your father can grant power of attorney to whomever he pleases. It doesn't matter what you want, only what your father wants.
answered on Mar 1, 2016
That depends on what you mean by "guardian," but generally yes, guardians are empowered to make legal and financial decisions for the ward.
Assisted Living x 10 years, no real estate, etc. Clothing, furnishings worthless, all assets in Trust name.
I am out of state, sole remaining trustee, and situs of trust is my state. If I file Will now, prior to death, does it have to be filed again after death?
answered on Jan 15, 2016
Not clear what you are trying to accomplish with a will if you have a trust. Talk to an estate planning lawyer.
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... View More
My uncle basically stole from him 4 years ago and now i have debt collectors comimg after me as his POA. Can i file charges and sue his brother on his behalf even though my father is in a nursing home for denentia patients.
answered on Sep 29, 2015
You could. Your biggest hurtle is going to be time, however. The statute of limitations has likely run on both a criminal charge and a civil suit. Unless you are able to demonstrate there is a good reason why you were unable to uncover the theft in a more timely fashion, you will have a problem. If... View More
My mother lives in a senior independent apartment building for individuals 55 and over. The managers routinely gather the residents together to complete forms but never allow them to date them. Today the manager told my mom that she was going to back date the form she had signed to Jan of this... View More
answered on Aug 19, 2015
That does sound suspect. Do you have any idea of the reason for the back dating?
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