Skip to main content
Evan H Farr
Avvo
Pro

Evan Farr’s Answers

730 total


  • Can a rental agency refuse to rent to a person w/ a disability that needs her caregiver (but has poor credit)?

    My Mom is having to move to an apartment. Due to her health conditions, she must have a caregiver w/ her 24/7. I am her daughter & have been her live-in caregiver for several years. Her MD has stated my Mom needs a caregiver w/o any exceptions. ...

    Evan’s Answer

    If your mother is the primary resident of the apartment and will be the only name on the lease, and can qualify for the apartment based on her own credit, then you should not be required to be named on the lease. The problem you have encountered probably came about because of how you presented the situation. By saying that you are her daughter, and a live-in caregiver, that might have triggered the rental agent to make the assumption that you are co-renting the apartment with your mother. It may be too late for this apartment, but I would try to go back to the rental agent and explain that your mother will be the only tenant and that you are simply her current caregiver. You might decide to stop providing care to her for whatever reason, and she might find another caregiver. The fact that you are her daughter is not relevant. If the current apartment still turned you down, remember this guidance when your mother applies for the next apartment.

    See question 
  • Can the qualified beneficiaries of the "B" trust in an "A/B" trust be changed?

    I am one of four qualified beneficiaries of the "B" trust in an "AB" trust that was established by my grandparents. My grandfather passed away two years ago. The "B" trust is irrevocable. Is there any possible way that the beneficiaries of the...

    Evan’s Answer

    Assuming your grandmother is trustee of the B trust, then the distributions she can make during her lifetime are governed by the terms of the trust. As for your question about whether the beneficiaries can be changed, the answer is yes, provided that there is no charitable beneficiary and that all interested parties agree to the change. Non-charitable irrevocable trusts are never "set in stone"; they can always be changed or even terminated by agreement of all interested parties. Seek an experienced Elder Law Attorney for further guidance.

    See question 
  • Am I entitled to a copy of the trust?

    I recently found out that I am a qualified beneficiary of an irrevocable trust that is disbursed when my surviving grandmother passes away. Am I entitled to a copy of the trust?

    Evan’s Answer

    Yes. See Virginia Code § 64.2-775. Duty to inform and report. Section B.1 requires the trustee to provide you a copy of the trust.

    See question 
  • Can you file taxes of the deceased?

    My mother passes 2 years ago as of may 2015 she was working up until she passed am I am legally her executive of estate am I able to file her taxes this year when I file my income taxes

    Evan’s Answer

    If you in fact legally qualified to be the executor of her estate, then you had a duty to file her final personal tax return for the year that she died. However, it is always better late than never. if her estate is still open and she still has assets that are accumulating interest, you may now also be required to file a 1041 tax return for the estate. You should absolutely consult with a local probate attorney to find out your duties and obligations.

    See question 
  • Is there a form that my wife can complete and sign giving me power-of-attorney for our house?

    My wife and I own a home in Virginia; both of our names are on the title/deed. She currently resides in Colombia, her native country, and wishes to take her name off. We would like to know if there is a form that she can complete and sign that giv...

    Evan’s Answer

    The document you seek is simply called a "special power of attorney for the sale of real estate." Your wife would need to contact an attorney here in VA to have this prepared. There would be no complications with the mortgage unless your wife were trying to purchase another property in her name. Assuming you have a mortgage, she will simply remain liable on the mortgage. And the transfer of the house to you is exempt from the due-on-sale clause under 12 U.S. Code § 1701j–3 - Preemption of due-on-sale prohibitions, subsection (d)(6), so you would not have to refinance the mortgage unless you wanted to.

    See question 
  • Can my dad give inherited property to his girlfriend only to exclude my mom? Isn't this fraudulent? What can my Mom do?

    My Dad died intestate, as far as I know. He gifted inherited property from his Mom to his girlfriend so he would not have to share any of it with my Mom. Is my Mom entitled to any portion of the property or proceeds? They are still legally married.

    Evan’s Answer

    It sounds as if your mother and father were separated for some time prior to his death. Assuming that your father kept his inherited money in his own name and did not commingle it with marital funds, and assuming that your mother did not do anything to add value to the inherited funds, then it would appear that your mother is out of luck under the Virginia Augmented Estate statute (Virginia Code section 64.2–305), which states as follows:
    B. Notwithstanding the provisions of this section, the augmented estate shall not include . . . (ii) the value of any property, its income, or proceeds received by the decedent, before or during the marriage to the surviving spouse, by gift, will, intestate succession, or any other method or form of transfer to the extent it was (a) received without full consideration in money or money’s worth from a person other than the surviving spouse, and (b) maintained by the decedent as separate property.

    See question 
  • Does Virginia recognize a Medicaid Divorce?

    My wife has Frontotemporal Degeneration. This is a terminal mental disease and has rendered her incompetent. I cannot afford the care cost and hope that she can get better care and more from Medicaid. My daughter wants to be her guardian also a...

    Evan’s Answer

    Getting divorced solely to protect your assets in connection with Medicaid is a bit like cutting off your finger because of a paper cut. There are numerous other and better strategies to protect your assets and get your wife on Mediciad. Divorce is usually a last resort.

    I would strongly encourage you to contact Susan Jean who has an office in Yorktown. She is one of the top Medicaid Asset Protection Attorneys in the state.

    See question 
  • What am I entitled to if my husband dies, and I was his care taker. I am power of attorney. We had NO kids,

    My husband had just passed the 20th of July. He got social security, and a pension check each month. I am not able to work due to my COPD. I would like to know what I am entitled to, And how long before I need to let social security and pensio...

    Evan’s Answer

    What you don't mention clearly is whether your husband had children of his own. If he did, that would change your right to inherit all of his assets, assuming there are any assets, which you don't mention. As for his income, Mr. Nolan has given you good information.

    See question 
  • Can I be forced to move out of the house? or vacate the property by my siblings?

    I have been living at home even after I got married. My parents did not have a will and so now after their death, I want to know if my seven siblings who of only one has residence at the same house want to sell the house to another party. Can th...

    Evan’s Answer

    Assuming this is the only marriage of your parents, and all seven children are from the same marriage, and the property is in Virginia, then all seven children now own the property in equal shares. Assuming you and the other sibling living there with you cannot buy out the other five shares, it would behoove the two of you to cooperate in selling the property in order to avoid the high legal fees that would be incurred in a partition lawsuit, which you will ultimately lose, and you may be forced to pay all of the legal fees, even for the other parties.

    This situation is a good example of why people such as your parents need to do estate planning. They could have set up a trust allowing you and your other sibling to live there rent free for the rest of your lives had they gone to an attorney to do proper planning.

    See question 
  • What do I need to include in divorce documents when property and retirement money is involved?

    My husband and I have been separated (no contact) for over 3 1/2 years. I have decided to file for a divorce since we are amicable and and there is no drama between us. We have no plans to fight over anything. That being said, I own a home (bought...

    Evan’s Answer

    The specific steps you need to take are:
    1) hire an experienced divorce attorney;
    2) follow his or her advice;
    3) have the attorney draw up the agreement that you seek.

    See question