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...
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.
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.
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.
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.
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...
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.
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!
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.
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.
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...
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...
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...
Leonard Robert Grefseng's answer The Tennessee Code is updated every year. There are hundreds of amendments every year, to many sections. You need to make sure you have the most current supplement, which at this time is probably 2016. ( The 2017 amendments will not be completed and published until the end of this legislative session, which is still in progress.)
Leonard Robert Grefseng's answer Someone ( most likely the spouse) should file to have him declared incompetent and a conservator appointed for him. SHE ( the wife) does not have to be the conservator, although as spouse she has the right to serve if she wants to. If she can't handle the chore, HE still needs a conservator, and in some jurisdictions, there is a "public guardian" ( kind of like a public defender) who can be appointed to act for those people who don't any kin willing to serve.
Peter N. Munsing's answer your lawyer should be able to answer that. The law of the state where the estate is governs. Also note generally the claims of injury cases are not subject to state or federal taxes, and hopefully your lawyer worked the wongful death/survival claims in a way that gives the best bounce. But you really need to start with the attorney that handled the litigation.
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