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Tennessee Elder Law Questions & Answers
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"... 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... 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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