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Joshua A Pops
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Joshua Pops’s Answers

171 total


  • Father in beginning stages of Alzheimer's, banned wife and children from seeing him. "Friend" is trying to get "medical POA.

    My father is currently in ICU. A "friend" of his took him to the ER. The friend has manipulated my father into thinking his immediate family doesn't care about him and the hospital has banned myself, my mother, and brother from seeing him or fin...

    Joshua’s Answer

    Agreed with the below. Contact an elder law attorney to discuss an immediate petition for guardianship and if necessary a vulnerable adult protection order.

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  • I am guardian for my Aunt who is in a nursing home. Her adult son who is on disability lives at her home. Do I pat for taxes

    Can property taxes be paid using her accounts, she is being qualified for title19

    Joshua’s Answer

    Do not do anything without consulting an attorney. It depends whether she is on Medicaid, the age of the son, the amount of taxes, and other things.

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  • Is a Living Trust our Best option?

    My Father & I are wondering what the best option would be, as far as wills, or a Living Trust. At this time, he doesnt have either, but we feel this is something we need to get done for himself & his estate. He is on a fixed income of social secu...

    Joshua’s Answer

    My advice: meet with an attorney, and lean towards a will. Washington has one of the easiest probate processes in the country. Assuming your father does not have to worry about estate taxes (it sounds like he probably does not), a will is simpler, more cost effective, and perfectly fine in Washington state.

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  • Can I get full custody and child support? What are my chances?

    My daughter's father and I were never married but he is on the birth certificate. Recently he has abandon his daughter in favor of his new girlfriend. He hasn't even tried to make contact with me to see his daughter at all since the fourth of July...

    Joshua’s Answer

    Depending on evidence provided, you have a good chance, depending on what you mean by sole custody. Sole custody means a lot of things, but unless there is a very extreme case, total termination of visitation will not be granted if the other side protests.

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  • My siblings and I own my parent's home - they signed a quit claim deed back in November of 1992.

    My mother passed away in 2007 and we now had to put my father into a group home - when we sell the house, do we have to pay taxes on this next year or is this considered an inheritance?

    Joshua’s Answer

    Agreed. It appears you received the home not pursuant to an inheritance, making you just like any other owner, regardless of relationship to the person who deeded you the home.

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  • We have strong circumstantial evidence of misuse of POA. Substantial assets transferred. How can we obtain bank records?

    Washington state

    Joshua’s Answer

    Following up on the above great advice, if you believe that the person being taken advantage of is not capable of managing their affairs themselves, consult an elder law attorney about filing a guardianship.

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  • Anything I can do to stop empty legal threat?

    My ex asked for major change in our parenting plan and I already told him that I do not want to make any changes. He then kept threating me on various emails that he is going to file a petition and I need to give him an answer by a certain date ot...

    Joshua’s Answer

    Consult with an attorney and, depending on his basis for the claim, think of two options: (a) ignore him and have an attorney tell him you will not be responding to these emails anymore, or (b) file first and get the drop on him.

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  • Can my ex-husband claim precedence over where my 4 year old son will go to school if we have a 50/50 custody arrangement?

    According to the PP, neither parent has physical or legal custody more than 50/50 over our son. I moved out of the house when we divorced and live in a different city. Our son currently goes to daycare near my work in a city equidistant of where w...

    Joshua’s Answer

    His rule is made up. IF the parenting plan requires joint educational decision making, he cannot unilaterally decide these things. A lawyer nearby can help you look at what your options are to prevent this before it happens.

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  • Does the other party in family court have to show if they are being represented? The attorney acts on her behalf.

    The attorney only shoes up on her behalf. She is two hours away.

    Joshua’s Answer

    Many people hire an attorney for this exact reason. If a party is far away, having an attorney represent them is a viable option and generally allowed absent certain types of circumstances.

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  • Wife divorced me. she moved out of our home that's up for sale. 6 months later she wants back in. can I keep her from this?

    after 32 year marriage, she divorced me. no children at home. selling and dividing all assets. she moved out of our home and rented apt. 6 months later wants to live here again with me. home still up for sale. does she have to be allowed back in b...

    Joshua’s Answer

    If you have a final decree of dissolution which awards you all rights in the house, the house is yours and you can do as you please. If there are no orders in place, then she could be allowed to move back in. The best thing would be to consult with an attorney to determine where in the process you are. If you need to file a motion with the court requesting you be allowed to stay in the home and she not be allowed in, that should be an easy claim to prevail on. Generally in family law, the informal rule is that if you move out, you better ask the court mighty quick if you want to be let back in.

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