Evan H Farr's Answers

WAIVER OF NOTICE OF PROBATE OF WILL

Whether it is wise to sign this notice depends on the nature of the estate, the nature of your inheritance, and who the personal representative is. I would suggest you see an attorney who specializes in estate administration. Our firm can assist you with this if desired.

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Medicaid eligibility

The answers to your questions are much too complicated to address in this type of forum. However, your situation is the type of situation I help clients with every day, and I'd be delighted to guide you and your mom through these difficult issues. Please call my office at 703-691-1888 and speak to Jeannie to set up an appointment to meet with me. -- Evan H. Farr, CELA, CEA | EvanFarr@FarrLawFirm.com Certified Elder Law Attorney & Certified Estate Advisor Creator of the Living...

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Family member put their name on dad savings acct. Joint ownership. Dad has dementia. Can other heirs contest in court?

I agree with Mr. Whatley -- a diagnosis of dementia does not automatically mean that a person needs a Conservator. Furthermore, Conservatorship is typically a last resort option. For persons who have capacity (including many with dementia, depending on the severity of the dementia), a General Power of Attorney is almost always a much better option than Conservatorship, because Conservatorship is essentially a "lifetime probate," requiring the Conservator to file annual accountings for the...

Can I pay off the mortgage on my house & still my husbands one half interest in his trust/ This is for the benefit of our kids

The answer is YES -- you can pay off the mortgage on the house without changing the current title of the house. Whether this is a good idea or not is a different question, and I of course can not advise you on that without meeting you and fully assessing your situation, which I'd be delighted to do. I'm in Fairfax City, just down the road from Oakton, and would be delighted to offer you a free consultation. Just give the office a call at 703-691-1888 and Jeannie can schedule the appointment...

My uncle has general power of attorney of my grandfather . He is now diagnosed with alzheimers. Can my dad become his guardian?

Yes -- a POA is durable if it states that the power of attorney is still in effect if the principle become disabled / incompetent.

My uncle has general power of attorney of my grandfather . He is now diagnosed with alzheimers. Can my dad become his guardian?

Whether the POA is durable (meaning the power continues after disability) depends on specific wording in the document. If the POA was prepared in the past 20 years, it is most likely durable, even if the word "durable" is not in the title of the document. A diagnosis of Alzheimers will not help you get rid of an agent under a previously-signed durable POA, but you can certainly petition the court for guardianship and try to appoint someone other than the current agent under POA. This is...

Estate Executor Refuses to Distribute Funds and Evict Nonpaying Resident

Whether your sister's actions are improper can only be determined after a complete review of the estate documents in question and a thorough understanding of all of the assets in the estate. If you'd like to make an appointment to determine your rights, Please call our office and speak to Mark, our Intake Coordinator. Mark will schedule an appointment for you to meet with Dean Anderson, our attorney in charge of Estate Administration. If available, please bring with you a copy of the Death...