Tennessee Elder Law Questions & Answers

Q: Divorce case circa 1987, wherein one spouse has writ he is entitled to 40% of sale price for home in Huntsville, AL.

2 Answers | Asked in Divorce and Elder Law for Tennessee on
Answered on Apr 10, 2019
Anthony Marvin Avery's answer
Not sure of your question, and you have not stated enough facts. However it is very unlikely that a Tennessee Judgment has subject manner jurisdiction over anything to do with real property in Alabama.

The exception would occur on ancillary jurisdiction of a will probated in Tennessee. There are many such divorce decrees attempting to order the disposition of real property in other states, but such terms are void for lack of subject matter jurisdiction.

Q: If a POA has not been in contact with the person that named them over the whole year since they became it can it be rev

1 Answer | Asked in Elder Law for Tennessee on
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
The Principal of an executed Power of Attorney can revoke it at any time. He can issue a Revocation Document, which can be recorded at the Register of Deeds or it can be given to any important asset administrators such as a Bank or Insurance Company. He can always change the Insurance Designation of Beneficiaries himself. And you can hire an attorney to Petition for Conservatorship.

Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on
Answered on Mar 23, 2019
Timothy Denison's answer
Hire a lawyer and file suit to block the sale and recover the money.

Q: My mother-in-law in Tennessee has been diagnosed with dementia. My husband’s sister was immediately given either a

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Answered on Feb 5, 2019
Leonard Robert Grefseng's answer
Unfortunately, the abuse of the elderly is becoming more and more common. One option will be to file a lawsuit against the attorney in fact to set aside and recover any "self dealing" transactions ( hopefully, all of the funds have not yet been spent). A Judge may very well have to decide if your mother in law is indeed competent. ( What does her doctor say about that?) In summary, this I snot something you should try to handle yourself. Consult an experienced elder law attorney for more...

Q: My sister has power of attorney over my disabled father. I have POA of our mother.

1 Answer | Asked in Elder Law for Tennessee on
Answered on Sep 17, 2018
Leonard Robert Grefseng's answer
If your mother is still mentally competent, she should file court papers to be named conservator of your father- she as the spouse has the right to serve as his conservator even though he has signed a POA. Getting the courts involved may be the only way to get your sister to act openly.

Consult an experienced local family law attorney asap.

Q: My mother is elderly and has become verbally abusive...she's also becoming violent. What are my rights as a tenant?

1 Answer | Asked in Elder Law for Tennessee on
Answered on Jul 25, 2018
Leonard Robert Grefseng's answer
In Tennessee, maybe the first thing to do is try to get her to go to her doctor, and tell the doctor about her behavior asking him/her to provide an mental evaluation. Usually some form of medical examination is required in order have a conservator appointed.

Q: If a 59 year old brother resides in his 67 year old sister's home and pays rent, is he legally bound to care for her?

1 Answer | Asked in Elder Law for Tennessee on
Answered on Apr 7, 2018
Mr. William Ray Glasgow's answer
Unless they have some sort of contract, he can do what he wants when he wants. If he is "legally bound" as you say by that contract, it needs to be examined by an attorney. Elder abuse is not tolerated in Tennessee and your brother should not be taken advantage of due to his Parkinson's.

Q: If I'm the power of attorney&the person goes nursing home how can we move his money to another acct so it's not taken

1 Answer | Asked in Elder Law for Tennessee on
Answered on Feb 16, 2018
Marjorie A Bristol's answer
You should contact an elder law attorney so that you can manage the money legally in a way that is not fraudulent.

Q: Are homes considered assets when applying for medicaid? Does medicaid pay for assisted living facilities?

1 Answer | Asked in Elder Law for Tennessee on
Answered on Feb 7, 2018
Marjorie A Bristol's answer
A person's primary residence is not an asset for medicaid. It will be subject to estate recovery, however, following the death of the person covered by Medicaid if they were cared for in a nursing home. You should consult an experienced elder law attorney to help you figure out how to best protect your assets and be eligible for the services you need.

Q: My brother has power of attorney over my mother our mother home was paid for now brother has got my mother diagnose

1 Answer | Asked in Estate Planning, Civil Rights and Elder Law for Tennessee on
Answered on Feb 4, 2018
Marjorie A Bristol's answer
You can file for conservatorship of your mother and revoke the POA and ask the court to nullify the property transfer. You should consult an elder law attorney to help you.

Q: My dad is bedfast but refuses to go to a nursing home. What can I do as the only living child to have him placed?

1 Answer | Asked in Elder Law for Tennessee on
Answered on Jan 22, 2018
Robert D. Kreisman's answer
From what you have asked, the action you could entertain is hiring a local attorney to discuss whether your dad would be one who would qualify for a guardianship. If so you or another person, usually a family member could be appointed by the court to make decisions for your dad, should he be adjudicated a "disabled person". That person would be the guardian of the estate and person. It doesn't have to be the same person for both positions, but at least the guardian to receive the court's...

Q: Do I have to have power of attorney to sign for mom's hospice care?

1 Answer | Asked in Elder Law for Tennessee on
Answered on Jan 21, 2018
Marjorie A Bristol's answer
If they are asking you to consent as her next of kin and are not insisting on POA, then you can sign. Just make sure you are not signing to be responsible for payment unless that is your wish.

Q: Can the sister of a patient override the daughter if there's proof the patient didn't want his daughter involved?

2 Answers | Asked in Elder Law, Health Care Law and Estate Planning for Tennessee on
Answered on Jan 5, 2018
Marjorie A Bristol's answer
Without a power of attorney for health care, the daughter is the next of kin. Legally she gets to make the call.

Q: How far in advance does a house need to be signed over in TN before the state can take it for nursing home payment?

1 Answer | Asked in Constitutional Law and Elder Law for Tennessee on
Answered on Dec 21, 2017
Marjorie A Bristol's answer
The "look back" period for estate recovery to recoup medicaid nursing home payments is 5 years. You should consult an experienced elder law attorney to see what steps might be able to be taken to preserve as much of his estate as possible and plan for his care. Best of luck!

Q: Mother and father passed in November, 2017. They resided in Tennessee.This question covers multiple topics.

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Probate for Tennessee on
Answered on Dec 12, 2017
Anthony Marvin Avery's answer
It is doubtful that law enforcement will prosecute the theft.

The Next-Of-Kin can file a lawsuit against the Attorney-In-Fact who took the money for his/her own benefit. It is for Breach of Fiduciary Duty and any monies/property that he transferred to himself is presumed to be fraudulent against his Principal who is now dead. There is a three year Statute of Limitations. Alot of the monies spent on them will be deemed gifts.

Q: A man still married, but separated, has had his children taken from his home and now to another state. What can he do?

1 Answer | Asked in Elder Law and Family Law for Tennessee on
Answered on Dec 6, 2017
Bennett James Wills' answer
This is a complicated situation with lots of moving parts. He should contact local counsel asap for his best options but it sounds like he'll want to commence divorce and custody proceedings asap.

Q: Schedule A of a trust is blank. As sole beneficiary, successor trustee and spouse, how will assets be dispersed?

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Answered on Nov 10, 2017
Leonard Robert Grefseng's answer
A contest is certainly possible since there are NO assumptions. Based on what you have said, I suspect a contest is indeed likely. This is unfortunately a common problem with some " do-it -yourself" trust/estate planning documents: the documents get signed, but the transfers to be made to the trust never get properly completed. It sounds like the trust was never "funded"- if the trust hold no property, then there is nothing for the trustee or substitute trustee to distribute. I doubt if the...

Q: My mother passed away 17 months ago from complications of Alzhiemers. I was her caregiver and still presently reside in

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Tennessee on
Answered on Sep 13, 2017
Leonard Robert Grefseng's answer
Sorry, but there is no easy answer. You don't have any rights by virtue of having lived there so long ( this was simply by consent of your mother- she could have charges you rent if she wanted to, but apparently she didn't) .

Now that she has passed, the terms of the trust will control, and no lawyer can advise without reviewing that document. I assume there was no written contract or agreement between you and your mother that addresses your care or services for her. If so, that...

Q: Son and girlfriend moved in uninvited there is no lease how to remove it's been 3 years

1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Landlord - Tenant for Tennessee on
Answered on Aug 10, 2017
Anthony Marvin Avery's answer
You will need to file a Detainer Warrant in General Sessions immediately, requesting "For Possession Only". There is a three year Statute of Limitations on Unlawful Detainers, but it is up to them to raise the issue. After Judgment if they are still there you will have to request a Writ of Possession to be entered and executed. It sounds like they will not like Deputies coming to serve process on them. Be careful though as they might try to charge you with domestic violence or some...

Q: My mother has Alzheimer's Disease and in order to help my dad with her care we are considering having live in caregiver,

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Answered on Jun 20, 2017
Inna Fershteyn's answer
What you need is Medicaid Planning- Irrevocable Trust, Pooled Income Trust and Medicaid application done.

If your mother needs community Medicaid there is no look back provision in NY and we or any Medicaid planning attorney can do it working 2-3 months.

Sincerely,

Inna Fershteyn

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

1517 Voorhies Ave, Suite 400

Brooklyn, NY 11235

tel: 718-333-2394

fax: 718-701-8859...

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