Judith A. McDougall-Flynn’s Answers

Judith A. McDougall-Flynn

Rockland Elder Law Attorney.

Contributor Level 11
  1. Mother on medicaid in IL. nursing home but still beneficiary of Father's Ins policies.

    Answered almost 4 years ago.

    1. Judith A. McDougall-Flynn
    2. Dan W. Armstrong
    2 lawyer answers

    Based on the information you have provided, it does sound as if a change of beneficiary would be appropriate, and a change should not be a problem on a community spouse's exempt assets. However, I caution you that an elder law attorney in your state should be consulted to make sure you don't run afoul of your state's medicaid rules, and to ensure that any change is done in accordance with your father's wishes. You can locate an elder law attorney in your area at www.naela.com. Good luck....

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  2. This is not a question I would just like to say "THANK YOU" to all of the probate attorneys who gave me "EXCELLENT" advice!

    Answered almost 4 years ago.

    1. Judith A. McDougall-Flynn
    2. Steven J. Fromm
    2 lawyer answers

    While I appreciate your taking the time to thank the attorneys who provided you with guidance, I do not think it is appropriate for you to post the estate attorney's name on this site. That is not what this site is intended for - if an attorney is eventually disciplined for something, that discipline will be visible for all to see. In the meantime, your claims are your opinion and could be considered defamation if you are unable to prove your claims.

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  3. What can I do?

    Answered almost 4 years ago.

    1. Judith A. McDougall-Flynn
    2. Keeley Canning Luhnow
    3. David Lee Rice
    3 lawyer answers

    You have too much at stake to rely on informal guidance based on incomplete facts. More information is needed, but based on your representation that you are a joint owner of property, your brother can not force you to sell it. In Massachusetts, if a joint owner does not agree to the sale of property, the joint owner wishing to sell would have to file a Petition to Partition to seek the authorization of the court tto sell and the appointment of a commissioner to facilitate the sale, unless the...

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  4. How much can my elderly parent pay me for 24/7 constant care...

    Answered about 4 years ago.

    1. Judith A. McDougall-Flynn
    2. David Michael Goldman
    3. Dan W. Armstrong
    3 lawyer answers

    I would like to reiterate the earlier responses urging you to seek proper representation from an elder law attorney. I suspect that you did not go to an elder law attorney to get a properly drafted caregiver agreement as he or she would have counseled you on the appropriate rate of pay. Even with a properly drafted caregiver agreement that complies with the Medicaid regulations in your state, your mother-in-law may still have an uphill battle to get a future application approved. In...

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  5. A sibling is financially taking advantage of my mother. Mother is in control of her faculties. What can I do?

    Answered almost 3 years ago.

    1. E. Alexandra Golden
    2. Judith A. McDougall-Flynn
    3. Ralph Erskine Stevenson III
    3 lawyer answers

    Atty Golden is correct. I would add, however, that you want to be sure that your mother is truly making informed decisions based on true facts. For example, if one case I handled mom was told that Person A had done bad things and should be excluded from her estate plan as a result. Mom's decision to omit Person A from estate plan was an informed decision based on the facts as she understood them. Person A had not, in fact, done the things that Person B had told her, so her competent...

    1 lawyer agreed with this answer

  6. What are the laws on executor of will being changed days prior to someone's death that is not fully coherent?

    Answered almost 4 years ago.

    1. Judith A. McDougall-Flynn
    2. John L Roberts
    3. Steven J. Fromm
    3 lawyer answers

    All interested parties are entitled to notice of the filing of the petition for probate, and will have an opportunity to file an appearance and objection to allowance of the Will. The usual claims are lack of capacity, undue influence, and fraud. These cases can be very difficult to prove and very expensive to prosecute. The issue regarding whether the tenants can be evicted is separate from the issue of ownership. Regardless of who is declared the legal owner of the property, he or she...

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  7. If my mother gets in an accident am I in any way liable?

    Answered almost 4 years ago.

    1. E. Alexandra Golden
    2. Judith A. McDougall-Flynn
    2 lawyer answers

    You might also ask your mom's primary care pysician to send a letter to the Registry of Motor Vehicles alerting them to the fact that your mom should not be driving due to her condition. The Registry would then send a letter to your mother to notify her that they have received such a "complaint" and she would have to respond to the Registry and have a hearing - she would have the opportunity to show that she is still able to drive. This process if often enough to convince an elder to just "...

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  8. If a life tenant in MA can no longer live in the property and is in nursing care, who is responsible for the upkeep of the house

    Answered almost 4 years ago.

    1. Judith A. McDougall-Flynn
    2. E. Alexandra Golden
    3. John L Roberts
    3 lawyer answers

    In general, the life tenant is responsible for all maintenance and repairs, taxes, insurance, etc., and is entitled to exclusive benefit of the property, whether he or she lives there or rents it out. Therefore, the property could be rented out and the expenses could be paid from the rent with only the net income contributed towards the life tenant's nursing home care. Be aware that there are many variables and this is a very basic answer based on few facts. An elder law attorney would be...

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  9. How do I assume legal authority over my mother from her friend if I am the only living relative?

    Answered about 4 years ago.

    1. Judith A. McDougall-Flynn
    2. Morris Herbert Lilienthal
    3. Catherine Hammond
    3 lawyer answers

    You can find a qualified elder law attorney in your area at the National Academy of Elder Law Attorneys (NAELA) website at www.naela.org. You will want an attorney who has experience representing petitioners, and one with some experience in contested guardianships in case your mom's friend objects to your appointment. Legal intervention, however, should be a last resort. You should consider raising your concerns with your mom's friend before taking legal action. Perhaps your concerns are...

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  10. Does my mothers attorney have the right to withold information

    Answered almost 4 years ago.

    1. Alan James Brinkmeier
    2. Judith A. McDougall-Flynn
    2 lawyer answers

    Depending on the powers enumerated in the DPOA and whether you are also the health care agent, you may have the authority to obtain information. You should check with the nursing home to determine if the health care proxy (this document might have a different name in IL) has been activated, meaning that your mother has been deemed not competent to make her own decisions and granting decision making to the named agent. If the facility informs you that your mother is still competent to make her...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful