He is in diapers, can't get to his food or take his meds on his own. Hospice caregivers come but he refuses any care from them. He has a brother who is 83 that checks on him and does those necessary thing for him but his health is also failing fast as he is a recent cancer survivor. My dad... Read more »
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...Read more »
I don't want to get into trouble and can't afford help right now as far as an attorney but her home care is wanting her on hospice and saying I have to sign for it. If I do will I get into trouble. She has dementia.
This man has had his daughter banned from receiving any information about his health almost every time he has been admitted to the hospital and has told multiple friends and family members he doesn't want her involved. Somehow she figured out the password to come see him and has taken over as... Read more »
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!
My mother passed on November 7th. My dad passed on November 30th. Their bank account was accessed by a family member who fraudentely obtained POA for my father without my consent or knowledge. The account has a negative balance. I would like to have the family member prosecuted for withdrawing... Read more »
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...Read more »
She says she only wants him to see the kids at her house or his mom’s & not his new house because she has HEARD that his girlfriend was “abusive” to children in a past relationship. But the girlfriend has showed NO aggression towards the kids & has recently given her life to God. The... Read more »
My husband (the grantor) created a trust and named himself the trustee. He named me the sole beneficiary as well as the successor trustee. The problem is the Schedule A/Assignment of Property does not actually mention what property. Is it assumed that all assets will go to me his current spouse of... Read more »
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...Read more »
her home, while trying to recover from P.T.S.D. due to 2 years of 24/7 caregiving with zero assistance from any of my 5 siblings. She had a trust. I am one of two (2) executors on her trust. Now the other executor (my half brother) is filing suit for me to pay rent from the time of her death and... Read more »
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...Read more »
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...Read more »
I would like a list of the State of Tennessee's minimum legal requirements for holographic wills. I am gathering information for my grandmother who has indicated that she plans to write her will by hand.
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...Read more »
Man has Alzheimer and Parkinson and is unable to care for himself. He is in long term care and wants to check out against medical advice. His wife is unable to care for him. What are her options to make sure he stays and receives the care he needs?
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,...Read more »
died before the lawsuit was settled, and lived in the state of California. I live in Tenn. I was named successor in interest over my brothers Lawsuit. He died on 11/27/2015 while Tn inheritence tax was in effect, The total amount I received was 28658.69. I plan on deducting 4500. for an expense he... Read more »
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...Read more »
All she has to do is sign her name, she does not have to write out the wording of the power of attorney. There are many forms available online, but its probably best to get a lawyer in your area to prepare it. If she cant just sign her name, it is still possible for her to "make her mark"...Read more »
We both live on disilibilty.I live on about $1300.00 a month.He has military retirement &military disilibilty plus he is still able to work.I just want to share the extra expence with him each month.He says yes but when time to pay he didn't give it all to me.Without it I cant pay all my... Read more »
Unfortunately no, no child can be compelled to support a parent. You may feel morally obligated to pay for her care or her funeral or any of her expenses, but there is no LEGAL obligation to do. Perhaps you might try sending him the actual bills every month so he can see what the costs are. We have...Read more »
If there has been a conservator appointed, that means that a judge has signed a written order explaining why a conservator was needed, and that order should also contain a specific description of the powers and authority granted to the person acting as the conservator. You need to read that court...Read more »
In the strictest sense, yes, his word is enough IF he is believeable, sincere, articulate, or in other words, he does a good job communicating and testifying. If always up to the Judge to make this kind of decision, and its not based on how many people testify- its who is the most convincing. I...Read more »
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