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David L. Carrier
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David Carrier’s Answers

2,700 total


  • How do I get my mother house back after being in probate all these years?

    My mother gave my grandmother her house because her was in bad condition. So she gave it to her as a gift but it was supposed to be returned back to my mother in the event that something was to happen to my grandmother. But my mother brothers and ...

    David’s Answer

    OH what a tangled web we weave, when first we practice to.... do it ourselves rather than using competent counsel.... I feel for your situation, but this is a mess that, most likely, will not work out well for you...

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  • I have had legal custody of my grandson for the past two years. His mother refuses to let him come home, How do I get him back?

    The mother has a an open case with DHS. Her 6 month old was found to have a quarter in her throat and upon investigation the quarter had been in her throat for 3 weeks. Her 11 y o called 911 because his mother wanted to wait for an appointment.. T...

    David’s Answer

    You need to talk with NJ child protective services to get them involved in getting the child back... Also you should contact the PA protective services so that they know you're involved and willing to take the kids... This is terrible!

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  • Domicile partner died intestate 3 weeks ago,we have one child,now brother of deceased trying to put us out of the house.

    what do i do?

    David’s Answer

    Assuming that "domicile partner" means you're not married... and wondering what "we have one child" actually means.... I would think that you have no entitlement, although the child might and the brother, as an heir at law, might... See a local attorney!

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  • Parents passed 2014 dad me DPOA,med adv, and put me on accts, siblings ignored dad, they took me to court brother now executor

    while dad was alive (mom passed first), assets had to be liquidated for Medicaid which include about $15k, a house, and 2 vehicles in both names and 1 in moms name. 1st vehicle my sister drives (moms name) went to sister, the 2nd vehicle had gon...

    David’s Answer

    The trick answer to your question is that you should go back to the attorney who put this plan together and documented who gets what... but - SNAP - you didn't go to an attorney but took the social worker's advice or maybe the wisdom of neighbors, etc... Besides, why worry? Now that you're in probate, estate recovery is likely to hoover up any remaining assets...

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  • In an irrevocable sprinkle trust can early distributions to heirs be made outside the sprinkle clause? Grantor is incapacitated.

    I'm co-trustee to a CA Rev. Living Trust amended in Idaho. Original QTIP trust was done in 1984 and has a sprinkle clause. I understand QTIP is now not necessary, per tax new law. One of two Idaho resident grantors passed away in 2015. The other ...

    David’s Answer

    In Michigan, at least, the ultimate trust beneficiaries can, with court approval, do an agreement to alter shares where the beneficiaries all agree to take less and give to those who are not included... The agreement has to be according to the law, not just "a letter approving"... Also, you can't be secret with this stuff... Don't try to do this yourself!

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  • Undue influence? Intentional misrepresentation? Defamation?

    My sister lives with elderly mother who has memory impairment ptoblem. She told my mother & wrOTE false allegations about me saying I was trying to kill her. My mother believed her & my sister conned my mother to quitclaim the family house to he...

    David’s Answer

    Sounds like a case for (what we call) Adult Protective Services, which is a police agency (fundamentally) to investigate and prepare for prosecution cases like those you describe...

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  • If my father's first will ,was made. How can someone get power of attorney and change it?

    The original will was written after the first stroke. He still had cognitive thought. I was taking care of him and bringing him to Spalding rehabilitation in Medford like 3 /4 time a week. The witnesses were myself, sister who was given power of...

    David’s Answer

    Seems like there are some more facts that need to be explained.... How did a restraining order against you arise? You need local counsel.

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  • Rent reduction help

    My mother is 90 years old and lives in assisted living in Malden MA. Her rent is just under $6000.00 a month and she is rapidly running out funds. Are there any programs in MA that can help a senior citizen? She worked her whole life and now is al...

    David’s Answer

    In Michigan, the waiver program can help with at home care, assisted living and skilled nursing... it goes the whole range... The problem with the waiver programs is that since they are so new and the rules aren't firmly established, it can be tough to plan "generally" and you're stuck with a facility by facility approach...

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  • Do I need an elder law lawyer?

    I am receiving medicaid for myself and 3 children. I applied when I was pregnant and married afterwards the same year. I sent in marriage documents by mail and separation shortly after. I remained married and failed to report husbands income be...

    David’s Answer

    Have your case reviewed by a local elder law attorney right away and then you can decide how to break the news to the department...

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  • Moms will

    Under what circumstances would a lawyer and his staff give me the run around when me or mom ask for moms original will? She has some dementia, I am her POA and the lawyer was questioned by me about a few things. I did not like his answers. He says...

    David’s Answer

    Hard to believe that an attorney would simply refuse to turn over original documents to the testator or her agent... I wonder if what's going on is the usual incompetence and delay that plague most customer service operations....

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