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David L. Carrier
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David Carrier’s Answers

2,915 total


  • Does a deed override a Will?

    My brother made a Will five years ago and in it stated that on his death his 3 step children are to receive his house and all other assets go to me. I am named as his executor also. his wife has already passed and he has no other children. I re...

    David’s Answer

    If brother wants to include the other child, he can easily do so by recording a new "transfer on death" deed naming the third child. The Will does not override a deed or beneficiary designation...

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  • I need advice from an attorney from the State of WA to answer my legal question please? Its a guardianship

    My parents are doing chemical physical restraints in their home with my son and they are causing intentional infliction of emotional distress with my son and I just had the Judge removed and the presiding Judge granted me a change of Judge and he ...

    David’s Answer

    You really do need a WA attorney... so why not find a local attorney? Just ask those folks you've been working with - I'd guess they know who would be the best for your situation, so ask 'em!

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  • How do I go about obtain guardianship for my father. He is 92 and is not mentally competent anymore. Do I need an attorney?

    Needing guardianship

    David’s Answer

    Not necessarily, but don't be unwise... get counsel. Please!

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  • Co-conservators, and new bank accounts....

    When there are two conservators for one person, are both conservators names supposed to be on the new account, or only one? The co-conservators are listed as "independent of each other...". One is an attorney, and the other person is a family memb...

    David’s Answer

    It is easier if only one signature is required, but this whole independent co-conservator stuff really frosts me... why do people choose co-trustees? co-attorneys in fact: co-patient advocates? And always with the independent language! Oyyy!
    Q:what is the point then of appointing a co-conservator, if they have no power, and no access to the account, in case the other conservator's absence, etc...??
    A: I guess to save paperwork if the first conservator drops dead or something.... Makes no sense to me!

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  • Can they kick me out of my home?

    Will I have to leave my home if my husband had his and his son's name on the deed to the house we lived in 15 yrs. In the trust he wrote that it becomes part of the estate at his death which is to be divided 5 ways between his 4 children from prev...

    David’s Answer

    Can they kick me out of my home?
    Probably.
    Does that mean the house has to be sold?
    Could be.
    Talk to an elder law attorney who has probate litigation experience, but if the house was in trust when you married, it's hard to see how you would win...

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  • Does this person need to refile for Medicaid?

    A person is listed as a dependent of a spouse on Medicaid (the spouse) and they are getting divorced.

    David’s Answer

    Q:Does this person need to refile for Medicaid?
    A: After the divorce is final, yes.

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  • How can my brother and I sell the building and get access to his bank account.

    My father passed away a few days ago. Only family is myself and my brother. I am the eldest. He has a bank account, neither of us are on file with the account, with about $500.00 and an apartment building with $187,000 owed to a mortgage company. ...

    David’s Answer

    Neither of us can afford a lawyer unless it's pro bono
    Not so fast... most attorneys will be willing to accept a retainer and payment in full upon sale of the building...
    Maybe there's no equity in the apartment house... then I say walk away, why get involved with the potential liability of a sale, especially an apartment house sale (!) if there's no pot of gold at the end of that rainbow?
    So, get the building evaluated, take a free interview with an attorney and then make your choice!

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  • Can I change or make changes to agreement of authorized to release infomation agreement..

    florida state, a service which being paid, that is helping my step dad get Medicaid for nursing home. I have full power of attorney (step son.}. are asking me to sign an notorize a AUTHORIZATION TO REALASE INFORMATION,, WHICH WOULD INCLUDE MY PER...

    David’s Answer

    Curious why you should be asked to sign a release like this of your own financial information.... and I can't imagine why they would ask for your HEALTH information... I'm guessing this release is for your stepdad, not you, but if it really is for you, there's no way you should sign it without the advice and consent of your own attorney...

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  • Is there any way we can get my Father-In-Law into a nursing facility at low or no cost for Hospice? Suggestions?

    My Father-In-Law has terminal cancer and has less than 6 months to live. He is currently in the hospital, but we need to make Hospice arrangements. He is both a Veteran and a retired Cleveland Firefighter. He has Medicare Part F. His wife is t...

    David’s Answer

    Your choices are the VA disability pension with the aid and attendance kicker or Medicaid... I'm thinking Medicaid is probably the best bet, but you have to contact a local elder law attorney to learn your specific options....

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  • Isn't falsifying a signature on a legal document to gain financial control as well as endangering/abusing an elder a crime?

    My sister's Mother-in-law, Miriam, is 91 yrs. old & had been living in an assisted living facility in Wilmington, DE. Her deceased father-in-law very specifically named his son, my sister's husband, Dan, as executor of their will years ago & 'all ...

    David’s Answer

    Q: Isn't falsifying a signature on a legal document to gain financial control as well as endangering/abusing an elder a crime?
    A: Yes, call Adult Protective Services and a local elder law attorney

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