Get free answers to your Elder Law legal questions from lawyers in your area.
My parents live in Washington state, and my mother is disabled receiving SSDI and long term care service where a caregiver comes to her house every day. They live in a house they jointly own, no mortgage. They're both seniors, and now they miss their home country, so they decided to move back... View More 
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answered on Mar 29, 2024
Selling a house and moving overseas can have several implications for your parents, particularly regarding their Social Security Disability Insurance (SSDI) and Medicaid benefits. First, it's important to note that SSDI benefits are typically not affected by the sale of a primary residence or... View More
Mom passed 2 mos ago, found 25+year old will in her papers. Attorney no longer around, what do I do? I’m not sure if she had possessions in her name but looking to find the next steps. We live in King County.
answered on Sep 10, 2024
First, I'm so sorry for your loss.
A probate is necessary in Washington state if your mom owned land or if what she owned when she passed is worth more than 100,000.
I assist clients with probates from across Washington state, and I would be happy to offer a free 30-minute... View More
My income is fixed and below $40K
Another question is if I am eligible to have prorated for previous years for a possible refund?
I am 80 years old, house is set up in a revocable trust I had done many years ago, I live in the house year round with my spouse of 50 years, I am up to... View More
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answered on Jul 18, 2024
You may qualify for property tax relief in Washington State, as it offers several property tax exemption and deferral programs for senior citizens, especially those with low fixed incomes. Given your age and income, you could be eligible for the Senior Citizens and Disabled Persons Property Tax... View More
he lied we had a agreement and now he is withholding the funds he said he would give me for her care
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answered on Jul 7, 2023
if your stepdad made a promise to provide funds for the care of his disabled wife and is now refusing to fulfill that agreement, you may have legal options such as pursuing a breach of contract claim or seeking a resolution through mediation or negotiation.
My mom doesn't want to lose her home but wants to avoid a trust. She needs to apply for home health or assisted living but they told her she will need to sign her home over to them. Her home is paid off. If she can how should this be done with her miner grandson being under 18?
Thank... View More
answered on Apr 12, 2023
More than likely you mom's home will be vulnerable to Medicaid attachment. If she keeps the home, they can require her to turn it over to pay for her future care. If she transfers it, sells, quit claims it to her grandson, Medicaid will have a "lookback period" either 3 years or 5... View More
The neighbor denied wrongdoing and blames his contractor. I hired a Surveyor to prove the fence was on my property and now I want to get him to pay for it.
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answered on Mar 28, 2023
You will need to hire an attorney to file a Boundary Dispute. If you do not, then you will acquiesce to the new fence line as the boundary between the two adjacent properties despite the two legal descriptions. I doubt that you will be awarded any money, but you risk losing land.
My grandma (90) had recently been in an assisted living home. She has fallen many times in her past few years there. But the most recent time she fell and broke ribs and the people caring for her made the judgment call to not bring her to the hospital because they figured there’s not much to be... View More
answered on Apr 29, 2022
I’m sorry to hear about your grandma’s falls in the assisted living facility. Repeated falls evidence a pattern and should trigger a healthcare facility to create a care plan to (attempt to) stop the falls. I doubt that was done in grandma’s case, which may be negligent on the ALF’s part.... View More
answered on Aug 3, 2021
Probably not. An attorney that drafts a legal document for a client needs to put down what the clients wishes are in the document, but does not have a legal obligation to make sure the people listed by the client are appropriate choices.
On another note, many states have a statute that... View More
My stepbrother moved into my father's house last year after being evicted. Claimed to be caregiver, but after my father had a couple hospital stays due to bed sores, etc, I sold my house and moved in to finished basement about a month prior to his death. While I was with my father at the... View More
answered on Aug 29, 2019
The typical way to gain control of his probate would be by initiating a probate, but, as you indicated, that requires a final death certificate.
The court can appoint a special administrator if there is something critical that must be addressed before a personal representative can be... View More
My uncle with POA over my father moved my dad to nursing home and removed over 100k worth of equipment from my dads home and sold it. I am the sole beneficiary of the estate. We now have buy new equipment to take care of the property. POA told us that it was for his medical care. Money was never... View More
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answered on Aug 23, 2019
Fro your side of the story it does appear that your uncle misappropriated funds. The law does provide legal remedies for those aggrieved by such behavior. You will need to fire an attorney and most likely pay a hefty retainer. If your uncle is collectible and sufficient dollars gone missing are... View More
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answered on Aug 23, 2019
No. An agent acting under a power of attorney can and must only take actions that are in the best interests of the principal. Self-dealing is strictly forbidden unless the POA specifically permits it. If you are encountering a rogue attorney in fact, you might need to hire an attorney to have a... View More
This was not done for medical reasons.
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answered on Aug 23, 2019
No. A financial power of attorney does not confer that kind of authority on the attorney in fact, but there is not way to say with 100% certainty without reviewing the POA.
I am in Urgent NEED of an attorney. I'm 64 and my husband is 66. We live on a farm my mother owns and have since 2012.
My 97 year old mother owns the property. She has not lived her for 25 years. She asked us to come here after my brother died to care for the place. She was going to... View More
answered on Jan 10, 2019
There are various issues that need to be reviewed, including whether your eviction was unlawful, whether you have any legal rights to payment for your services, whether there was any legal basis for the restraining order, and whether you are facing any criminal charges for alleged violation of said... View More
My elderly mom sold her condo last year, which closed on Sept. 10. After closing, the HOA president put in a new garage door unit, which was not requested by the new owner. The garage door was functioning just fine upon move out. But now the HOA is coming after my mom for $500+ for the cost of... View More
We are in our late sixties and our estate consists of the equity in our mortgaged homes and life insurance to be divided between three children. Our daughter and granddaughter live in one home and we live in the other. Our goal is to avoid probate and while we plan to age at home, doing this may... View More
answered on Aug 26, 2017
You need to do Estate planning and set up Revocable living trust (feel free to read more info on how Revocable trust operates on my website below it has comprehensive tutorials).
The best thing to do is to do a Triest, transfer all your real estate and bank accounts into such trust and... View More
Not sure if there is a dementia diagnosis or not - insurance will cover but can the other party sue the driver/family and take everything? What is the history of lawsuits in this regard? Reviewing NC DMV website - MD has not reported to DMV any concerns about this person.
answered on Apr 4, 2017
The driver and his doctor may have exposure if the person is a danger. If they are, the family have a moral duty to reign them in.
As far as assets, it depends on the state, if there's a spouse, etc. Can the person be sued?Any person can. Best protection is get a large policy. the... View More
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