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Tennessee Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Tennessee on
Q: My mother passed away 17 months ago from complications of Alzhiemers. I was her caregiver and still presently reside in

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 »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 13, 2017

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,...
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1 Answer | Asked in Estate Planning, Real Estate Law, Elder Law and Landlord - Tenant for Tennessee on
Q: Son and girlfriend moved in uninvited there is no lease how to remove it's been 3 years

They use injection drugs in my house police say need an eviction notice I live off disability

Anthony M. Avery
Anthony M. Avery answered on Aug 10, 2017

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... Read more »

1 Answer | Asked in Contracts and Elder Law for Tennessee on
Q: My mother has Alzheimer's Disease and in order to help my dad with her care we are considering having live in caregiver,

I want to make sure they are covered and no one will take their property or advantage of them. How to ensure that properly and legally

Inna Fershteyn
Inna Fershteyn answered on Jun 20, 2017

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...
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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Tennessee on
Q: Hello - is the 2015 Tennessee Code the most recent? I need the State's requirements on holographic wills.

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.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Apr 3, 2017

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 »

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Health Care Law for Tennessee on
Q: Elderly couple - woman need conservatorship of spouse or guardianship?

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?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Mar 3, 2017

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... Read more »

1 Answer | Asked in Elder Law, Nursing Home Abuse, Personal Injury and Tax Law for Tennessee on
Q: My Brother had filed a lawsuit against several nursing homes he was in for elder abuse, damages against a person. He

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 »

Peter N. Munsing
Peter N. Munsing answered on Aug 21, 2016

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 »

1 Answer | Asked in Elder Law for Tennessee on
Q: My mother is 94, and has trouble writing. What would I have to do to get power of attorney?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Aug 15, 2016

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" which... Read more »

1 Answer | Asked in Family Law, Contracts and Elder Law for Tennessee on
Q: Can I take my brother to court to help pay our mother assited living cost.We both live on disilibilty.

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 bills each... Read more »

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 25, 2016

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 »

1 Answer | Asked in Family Law and Elder Law for Tennessee on
Q: Can conservatory keep family and friends from seeing or having phone calls if they want to?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 11, 2016

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 »

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Tennessee on
Q: A brother has told his sister he will obtain an injunction to prevent her from seeing their mother.

He feels the visits upset his mother. The mother is in early stages of alzheimers.

Is his word enough to obtain an injunction?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jul 11, 2016

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 »

1 Answer | Asked in Divorce and Elder Law for Tennessee on
Q: My ex seems to be having symptoms of dementia and has lots of mini strokes. He is in charge of co owned rental.

I feel that at some point he may make poor decisions. This is not specified in divorce settlement. What to do?

Robert Jason De Groot
Robert Jason De Groot answered on Oct 22, 2015

Go see your family lawyer about this?

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