Barbara Smythe’s Answers

Barbara Smythe

Lake Oswego Estate Planning Attorney.

Contributor Level 5
  1. Can nusring home get my property if i am in conservatorship?

    Answered about 3 years ago.

    1. Barbara Smythe
    1 lawyer 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...

    1 lawyer agreed with this answer

  2. 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

    Answered about 3 years ago.

    1. Elizabeth Rankin Powell
    2. Barbara Smythe
    2 lawyer answers

    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...

  3. 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

    Answered about 3 years ago.

    1. Adam Troy Rauman
    2. Jerry E Shiles
    3. Barbara Smythe
    3 lawyer answers

    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?...