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Barbara Smythe

Barbara Smythe’s Answers

3 total

  • What can I do my aunt was over medicated to the point of apearing to be incompatient so she would agree to sign away her home

    she was tricked into allowing her daughter to as she thought was making a will and what it turned out to be was a family trust it was made irrevokable and her daughter was claiming her incompatient she is not and once she got away from her care a...

    Barbara’s Answer

    Your facts sound a bit complicated and confusing. However, I can point out that the daughter cannot simultaneously claim her mother was incompetent and claim that her mother was of sufficiently sound mind to execute a trust document. If you aunt wishes to revoke the trust and is currently of sound mind, she should contact a well-qualified estate and trust litigator. She may also want to pursue a claim for elder abuse against the daughter, which may involve either a private elder law attorney or the district attorney's office.

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  • Can nusring home get my property if i am in conservatorship?

    I need help in keeping property for my children to live in after i enter nursing home.

    Barbara’s Answer

    If you qualify for assistance under the federal Medicaid program, your state may place a lien on your house and sell it when neither you nor your spouse are no longer living there. Only in very limited circumstances will the house be available for use by your child. I recommend you consult with an elder law attorney in your state if this is your situation.

    If you are talking about a private contract, such as a reverse mortgage, if the house is part of the conservatorship estate, you probably cannot mortgage the property; however, your conservator may be able to do so, depending on state law and the terms of the conservatorship.

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  • I live with both parents full time to help them in their senior years.Dad is 84,Mom is almost 81.My oldest brother forced them

    to walk away from their mortgage a yera ago,which led to forclosure.He forced them to open an account in their names.When Mom asks for money for anything,he fights it.Now he says they cant buy food because they just bought some two weeks prior.He ...

    Barbara’s Answer

    As I understand the facts you are providing, your brother has full control of your parents' income and assets through joint ownership of some sort, and he is refusing to provide them with food or shelter. In addition, he may be mistreating them emotionally. I recommend you contact your state's Adult Protective Services department and discuss this with them.

    When you say he is trying to have your mother "claimed incompetent," do you mean he is suing for guardianship or conservatorship? If so, the court may be willing to appoint an attorney to represent your mother pro bono or at a reduced rate. If there is a court visitor or neutral party of some sort who has been appointed by the court to assess the situation, you may be able to provide that person with insight into the situation and also do what you can to assure that your mother does in fact oppose the protective proceeding.

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