Kelly Scott Davis’s Answers

Kelly Scott Davis

Cheyenne Elder Law Attorney.

Contributor Level 18
  1. Is it legal if someone takes a elderly person with Alzheimer's & completely changes their will?

    Answered about 1 year ago.

    1. Marcus William Morales
    2. Ian A. Scharg
    3. William David Ausman
    4. Kelly Scott Davis
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Even a person with Alzheimer's MAY have the testamentary capacity to make a Will, however if this person is able to make a Will, this still sounds like a case of undue influence. If she had capacity to make the Will, and it wasn't too long ago, she can also revoke it. You can report this matter to Adult Protective Services who will investigate. It may become necessary to petition the court for a conservatorship.

    10 lawyers agreed with this answer

  2. Does my sister own my grandma's house?

    Answered about 1 year ago.

    1. Patricia B. Cole
    2. David M. Pyke
    3. Joseph Franklin Pippen Jr.
    4. Kelly Scott Davis
    5. Raymond Ellis Daniel
    5 lawyer answers

    You might want to check with the county clerk and recorder to see how title is held.

    10 lawyers agreed with this answer

  3. My Dad is a Korean War Veteran. If he goes into a nursing home, can they take our house? We're both on the title.

    Answered about 1 month ago.

    1. Kelly Scott Davis
    2. James A Littlepage
    3. Seth A Director
    4. Drew Norman Early
    4 lawyer answers

    Rest easy and don't let them jerk your chain. People often speak when they don't know what they are talking about. First thing to consider is the application of the caregiver child exception. If a child has provided care for a parent that keeps them out of the nursing home for two years immediately precceding their entry, the house can be transferred to that child without incurring a penalty. You issue will be having the evidence and corroborating doctor's statements to back up your claim and...

    Selected as best answer

  4. Will errors in my field sobriety test get me out of this dui?

    Answered 6 months ago.

    1. Kelly Scott Davis
    2. Dean George Tsourakis
    3. Sean Tabibian
    4. Ted Harvatin
    4 lawyer answers

    They can convict a person of a DUI based on demeanor alone. You may think you were doing fine, but that may not be what the camera shows. You would be well advised to hire a lawyer.

    Selected as best answer

  5. When there are three heirs with one executor, can the two non executor heirs override the decision of the executor?

    Answered 9 months ago.

    1. David M. Rich
    2. E Dwight Taylor
    3. John R Phillips
    4. Kelly Scott Davis
    5. Charles Adam Shultz
    6. ···
    6 lawyer answers

    I would only add to the excellent legal analysis that has been given that the executor is going to have a hard time setting up an LLC and getting a loan if even one of the heirs refuse to cooperate. The property is held in the estate for the benefit of the heirs. Removing it to an LLC would be an unauthorized distribution. When he walked into the bank to get a loan, it would be unlikely that they would talk to him. If the executor wants to wheel and deal with the estate property, have your...

    8 lawyers agreed with this answer

  6. Can a person with dementia, who has been declared incompetent legally change their pre-existing will in Washington State?

    Answered 10 months ago.

    1. Arthur Colby Parks
    2. Kelly Scott Davis
    3. James Marston Brown
    4. James P. Frederick
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    It depends. As you can see from the responses by some very good attorneys, the answer is all over the place. In some states, mine own included, by statute a person declaired incompetent by the court may still have capacity to execute a Will. Just because a person is legally incompetent, does not mean that they lack testamentary capacity. It is just difficult. The attorney drafting and overseeing the execution the Will needs to evaluate and document capacity.

    Selected as best answer

  7. Can A senior that no longer has a drivers license own and purchase a car in their name?

    Answered about 1 month ago.

    1. Kelly Scott Davis
    2. Lawrence A Friedman
    3. Gregory John Barry
    4. William Ray Pelger
    4 lawyer answers

    In answering your question, because of her physical condition as you describe, I am going to jump ahead a little and assume that down the road your mother may need Medicaid. In determining eligibility for Medicaid your mother can own a vehilce that is necessary for her transportation and it is an exempt asset (at least for a while). She does not need to be the one who drives the vehicle and she will not be penalized. If she purchases the car and puts it in your name, it will be treated as a...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. My spouse and I would like my 81 year old mother to come live with us; she doesn't want to. I'm her caregiver, paid by the

    Answered 6 months ago.

    1. Kelly Scott Davis
    2. Richard Marc Katz
    3. Ivette M Santaella
    4. Christopher Coppola
    5. Jacqueline A. Cara
    5 lawyer answers

    It isn't about your convenience. So long as your mother is competent, she can do as she pleases, even if that means making bad choices regarding her health care. If, however, she is incompetent, then you should pursue a court ordered conservatorship. Expect that she may not be happy about it if you go that route, so before stating down that path, I suggest you talk to her doctor (even if your mother hasn't been in the office in a while) to find out what they might say about her mental state.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can i sue doctors and hospice and persons caring for my dad for wrongful death?

    Answered 10 months ago.

    1. Kelly Scott Davis
    2. Christian K. Lassen II
    3. Tatiana Kadetskaya
    4. David Ian Schoen
    5. Josh P Tolin
    6. ···
    7 lawyer answers

    Are you saying that your father should not have been on hospice or are you upset that he died while in hospice care? The purpose of hospice is to provide a person who has a terminal condition and will die within six months with comfort care, also known as palliative care. The goal is to make the terminally ill comfortable and allow them to pass with dignity. To receive hospice care the patient has to be certified terminal by a doctor. Both a stroke and pneumonia may have been sufficient to...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Siblings of a parent who is not even deceased are demanding (through a lawyer) an account of that parents money.

    Answered 11 months ago.

    1. John P Corrigan
    2. Kelly Scott Davis
    3. Rosemary Jane Meagher-Leonard
    4. Jonathan Stuart Frank
    5. Lawrence A Friedman
    6. ···
    6 lawyer answers

    Attorney Corrigan may have hit the nail on the head when he says that the letter may be a shot over the bow. Unfortunately, many people think that when they are being kept in the dark they become suspicious. Unfortunately, as a fiduciary of the father, the child with the power of attorney may be prohibited from providing the information. If the siblings don't end up filing for a guardianship in which they would try to prove the father is incompetent, they could still file a report with Adult...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

We're ready to help. Contact us today.

307-433-0921