Skip to main content
Kathleen Elizabeth Curler
Avvo
Pro

Kathleen Curler’s Answers

14 total


  • What happens if i title my pre-martial home in my wife's name?

    I am planning to be married in the next month. And my fiancee wants me to add her name to the title on a condo that i bought (paid cash - no mortgage) 1 year ago before marriage.l If I do that, will it change the nature of my house from ...

    Kathleen’s Answer

    It very easily could be argued later that changing the title means you made a "gift" to the marriage of non-marital property, converting it to marital property.

    See question 
  • Is this child custody or what

    My brother is incarcerated an he sent me a power of attorney letter for his daughter my niece because I have her while he's in there. Then our mom came an took my niece while I was not home. What can I do about this,?

    Kathleen’s Answer

    You will likely have to go to court to sort all this out. I would consult a family law attorney.

    See question 
  • Am I entitled to anything of my dad's?

    My dad passed away unexpectedly last year. My step-mother keeps promising to give me pictures, items of mine that were at his house, and family heirlooms. I have yet to see any of these things. Am I entitled to anything? A few weeks before his dea...

    Kathleen’s Answer

    I'm sorry your step-mother is making this even harder for you. The answer clearly depends on whether your father had a will. I would hire an estate planning/probate attorney to help go through your options and what you can do, if there is a will or no will. Hopefully, it could be resolved with a couple letters.

    See question 
  • Is paying off my child student's loan ($30k), before the divorce is filled, considered dissipation in the state of IL?

    Is paying off my child student's loan ($30k), before the divorce is filled, considered dissipation in the state of IL? The child is older than 21 and not my husband's biological child.

    Kathleen’s Answer

    Yes, if marital funds are used, this is clearly dissipation.

    See question 
  • My husband moved away from the house about 6 months ago and I would like to file a divorce.

    My husband moved away from the house about 6 months ago. Because I am old and my salary is no longer good to have a mortgage, I decided to sell to my son with a gift of equity (Just an example - the bank determined the market value was $100k, I ow...

    Kathleen’s Answer

    Yes, if the sale of the house must be disclosed. If the house was marital property, a certain amount might be due to your husband. You will need an experienced family law attorney to help advise you on this issue.

    See question 
  • Will monetary gifts have to be returned if aging parent enters a nursing home?

    My mom sold her home and moved in with me two years ago. When she moved in, she paid off my second mortgage and also gifted $40,000 to her children. Since then, mom has developed dementia and may have to go into a nursing home. She still has so...

    Kathleen’s Answer

    The gift will cause a problem, due to the Medicaid "look back" period. I would consult with an elderlaw attorney about how to handle this issue.

    See question 
  • How to change a temporary guardianship

    My parents forced me into signing a temporary guardianship when I got in trouble with the law. It had nothing to do with my daughter. Now they are holding it above my head and refusing to let me see her. I thought my parents would stay true to the...

    Kathleen’s Answer

    You need to hire a family law attorney. If they won't do it voluntarily, you will need a court order. You will also likely have to show a "change of circumstances" that your situation is different. I would have that information prepared when I meet with the attorney, to save on fees and get better advice.

    See question 
  • I live in California. I am 82, my wife is 73. My wife has Alzheimer-like symptoms. We have no will and I want to make one.

    We have two children and a family business and it is important that a will be made that cannot be contested, so that the business is not jeopardized. My older child has been involved in the business for 20 years and helps me care for my wife on a ...

    Kathleen’s Answer

    If she still has testamentary capacity, she can sign a will. Start by asking her doctor for an opinion of whether she can still make these decisions and then get that in writing. That letter can be taken to an estate planning attorney, who can then work with you on an estate plan. Good luck!

    See question 
  • My father is a paranoid schizophrenic who is in bad health. How can i get legal control to have him placed in a nursing home?

    My ex step brother ( his mother passed away ) has moved in on my father, due to the fact the has money. He doesn't have his best interest at heart. My dad totalled his truck and has no way from point A to point B. He has also refused home health a...

    Kathleen’s Answer

    I agree. The best way to proceed is with a guardianship. The court will then review your decisions and approve a care plan for the future. Sometimes, state law can be restrictive in the area of mental health so you want to hire an experienced elderlaw attorney.

    See question 
  • Who is next of kin if parents, grandparents, aunts & uncles are all deceased, was an only child, & is now an aging adult?

    The adult in question is of ill health, not capable of making decisions about their finances or health decisions, does not have a will and has no durable power of attorney and no close friend.

    Kathleen’s Answer

    Most communities have senior resources that will assign a social worker to the case and contact a state agency to act as guardian. The state agency will determine where the senior lives, what their health careplan will be and how their money will be spent. This plan will be approved by a judge who will review the budget to make sure it's reasonable and in the best interest of the senior. A initial place to start might be the Pennsylvania Department on Aging, which should have a 1-800 number to refer the case to the right area agency on aging.

    See question