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Deborah Malkin’s Answers

14 total


  • How can i stop elderly man from driving. driving.

    he is 89 years old and has dementia. He refuses to quit driving.

    Deborah’s Answer

    Call the Division of Motor Vehicles and file a report. Yoy may be able to file the report anonymously.

    Disclaimer: This answer does not, nor is it intended to, create an attorney-client relationship, but is offered solely for informational purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom complete information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided.

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  • Law paper help. on elder law need cases to review

    could you please tell me how to get a hold of elder law cases.

    Deborah’s Answer

    You could also try googling "elder law ohio court." Most of the early hits are attorneys, but by the second or third page there are some cases.

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  • What if the Senior Citizen I am taking care of is being mistreated by bank trustee. ie: not getting the right meals and supplies

    I take care of a Senior who has a lot of money but the case worker in charge of her money isn't providing what she needs. (what kind of food he "likes"). The case worker has signed her up on meals on wheels which makes her angry and the care giver...

    Deborah’s Answer

    Because you mention that a case worker is in charge of her money, I assume she is under a conservatorship (guardianship). The court has a book out called Handbook for Conservators, which provides guidance. Also Nolo Press publishes a book about Conservatorships and Guardianships that might be helpful.

    If she is not under a conservatorship, then it may be time to contact an attorney and pursue that avenue for her. Then the court will oversee her situation and things should improve.

    Also, you could contact Adult Protective Services and make a report.

    Disclaimer: This answer does not, nor is it intended to, create an attorney-client relationship, but is offered solely for informational purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom complete information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided.

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  • My mother is terminally ill, what steps do I take to protect her assets?

    Only has a 10 year old will.

    Deborah’s Answer

    If you want to protect the assets from probate, then she should meet with an attorney to sign and fund a living trust. She will also need a Durable Power of Attorney and an Advance Directive (also called Durable Power of Attorney for Health Care Decisions). These documents will allow you to act on her behalf if she can not act or make decisions in her own best interest.

    Disclaimer: This answer does not, nor is it intended to, create an attorney-client relationship, but is offered solely for informational purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom complete information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided.

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  • My cousin conspired to get her mother so angry that she would beat her , so she could get out of her mothers guardianship.

    Now her mother has a warrant for her arrest. My cousin says she masterminded the whole thing. Should I report this?

    Deborah’s Answer

    Yes, you should. It is an important piece of the puzzle for the decision-makers to know.

    I am not licensed to practice in Illinois and offer the above only for discussion purposes. Further, this answer does not, nor is it intended to, create an attorney-client relationship, but is offered solely for informational purposes. Since the facts of each case are different, it is important to seek out qualified counsel with whom complete information can be shared and assessed under an attorney-client privilege so that competent and tailored advice can be provided.

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  • Do i need a last will with a revocable trust agreement

    what happens if a house is deeded to a non-exiting trust

    Deborah’s Answer

    I always prepare a pour-over will whenever I prepare a revocable trust. Inevitably there will be assets that are left out of the trust (many times purposefully), and the pour-over will scoops up those assets and pours them over into the trust, so they will be distributed according to the instructions and terms of the trust.
    If a house is deeded to a non-existing trust, you will need to contact an attorney to find out how to reverse the deed. If you prefer to try to find out on your own, you may be able to get help from the recorder's office in the county in which the real property is located. I had that problem once with a client, where he deeded the house to his trust before the trust existed. It worked out alright because I was preparing a trust for him anyway, so I did a Correction Deed for him, correcting the title of the trust as it appeared on the deed so that it now included the date (correct date) of the trust.
    I am not licensed to practice in AR and offer the above only for discussion purposes.

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  • My parents made up a trust with an attorney.....

    I am the trustee. My parents have been given a copy (mother has dementia and dad extreme alztheimers). I have asked the attorney for a copy since I am the trustee and listed in the trust, but he won't give me a copy. This has been going on for...

    Deborah’s Answer

    If you are the initial trustee of a revocable trust, you are entitled to a copy of the trust immediately upon signature of the trust. If you are the SUCCESSOR trustee, you are entitled to a copy of the trust when it is time for you to act. That time would most likely be upon incapacity of the initial trustees. Are your parents both incapacitated? If so, then it is time for the successor trustee to act. You could obtain letters from a doctor stating that your mother and father are incapacitated (separate note for each person), and take them to the attorney in possession of the trust document. Another possiblity is that maybe you are not actually the successor trustee and maybe that is why the attorney is refusing to share the trust paperwork with you.

    Normally, a trust is not filed with the court unless there is a court petition involving the trust, so you would not be able to get it from the court or the superior court clerk's office.

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  • What is the proper paperwork for transferring title after probate and with a court order?

    My brother passed away 2 years and I am the Executor of the estate. I have not yet changed title (from my brother's name to me as successor trustee of his Living Trust) to a timeshare he owned. To be able to transfer in their records, they requir...

    Deborah’s Answer

    You will need a certified copy of the court's Order. Take that (and your checkbook) to the County Recorder's office and record the certified Order. You will also need a Preliminary Change of Ownership Report, which you can get online or at the County Recorder's Office. That is technically all that you need, but some people like to also prepare a Deed, and that is generally a good idea. Prepare a quit claim deed from yourself as executor of the estate to yourself as trustee of the trust, and record it at the County Recorder's office (you will again need a Preliminary Change of Ownership Report).

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  • I am POA for incapacitated parent. Am I authorized to have her qualify for a loan with my down payment if there is a trust

    My parent is incapacitaed. I am POA. I want to purchase a condo using my down payment to help and I want to be put on title of the house. Can I do this.. There is also a trust that I am co trustee along with her stepchild-other parent is deceas...

    Deborah’s Answer

    First part of your question: You can purchase the condo using your money as the down payment or a part of the down payment, but it quickly becomes complicated and I do not recommend it. You would have to carefully document the value of the condo and the amount you personally are putting in. You would then go on title as the owner of a percentage of the property. The complicated part comes when we want to calculate how much you should pay toward each month's mortgage payment. It is critical that all aspects of the transaction be fair and transparent. As agent under the POA, you are acting in a fiduciary capacity for your parent, and it is imperative that you not gain any personal financial advantage from the transaction. I do not recommend it, but if you have to do it, then I would consider getting prior court approval.
    Second part of your question: if you purchase the property with non-trust money, the property does not have to go into the trust. However, you may want it to go into the trust so that it will not be subject to probate on your parent's death.
    Third part of the question: You should make the co-trustee aware of what is happening with the trust. Some trusts require co-trustees to act together, meaning that transactions require the signature of both co-trustees.

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  • Mentally handicapped needs to spend down 20K savings account to qualify for SSI. What can you spend the money on? Specificly

    My brother in law is mentally handicapped at age 52. He recently lost his father and is applying for SSI. The estate is set up in a special needs trust. He has a personal savings account with 20K and to qualify he will need to spend down. I ca...

    Deborah’s Answer

    Yes, he can spend the savings on a vacation. If he needs an aide, he can also pay for the aide's travel expenses. He can pre-pay certain expenses such as car insurance, telephone, and educational programs. He can also pay someone for services such as driving him to the doctor and other appointments, and helping him with book-keeping and managing his checkbook. As you may already know, he only needs to spend down to $2000.

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