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E. Alexandra Golden

E. Golden’s Answers

3,103 total


  • How can I transfer Guardianship of my disabled Sister From: My Sister in law to Me her legal Sister?

    Hi I am Gigi McMahon and my younger brother and his wife have had Guardianship of my disabled Sister for years. She lives in a group home in Jamaica Plain, Mass. My brother just died the end of June and his wife is so Grief Stricken with 2 kids an...

    E.’s Answer

    Hi, Gigi -- unfortunately, you'll have no choice but to go to court. Your sister-in-law needs to petition to resign as guardian and you need to petition the court to be appointed as guardian. There are no shortcuts.

    If your disabled sister is a DDS client, contact the case worker and see if DDS Legal will help -- they occasionally will do so. Otherwise, consult with an attorney who practices guardianship law or see if you qualify for help from the weekly Guardianship Clinic at the Probate Court.

    Good luck!

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  • I'm 18, my mother is kicking me out, and i'm still in High school is she obligated to take care of me?

    She thinks i'm disrespectful, my grades aren't the best they could be, and i don't do chores.

    E.’s Answer

    She has no legal obligation to care for you. I suggest that you find a place to stay ASAP.

    I strongly suggest that you look into getting some counseling -- both for you individually and with your family. You need to work with a friendly professional to figure out why you're doing what you are or aren't doing, because clearly your actions are sabotaging your life. At the same time, you and your mother could get help figuring out how to get along better.

    Good luck.

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  • What type of lawyer do I need? Real-estate or elder lawyer?

    My stepfather committed fraud of wife with dementia. He admitted her to the hospital and committed bank and real estate abuse with her assets (only) while she was in the hospital and never notified her out of state daughter. I thought my mother w...

    E.’s Answer

    Contact the state's Elder Abuse hotline at 1-800-922-2275, which is open 24 hours a day, seven days a week. An investigator will contact you to get more details. If your mother is incapacitated and it appears that theft has happened, the protective services agency can take action.

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  • Can we sue my brother for not showing us the will when he filed a petition to become the guardian of my father's estate?

    My father died in 2004. He left his estate to one of my brothers. My father had 10 children (2 families). I am the oldest of the first family (8 children). My half brother, his ninth child got everything. He filed a petiton in 2009 to be the guard...

    E.’s Answer

    You can get a copy of the Will at the courthouse -- that would be quicker and easier. Your brother is required to distribute the proceeds from the sale of the house according to the terms of the trust.

    When you go there, make a copy of the entire file and bring it to a probate attorney. The attorney can review everything and advise you of your rights. If there are grounds for a suit, the case would be brought in Probate Court.

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  • How can I not be with my adopted parents anymore but still see my adopted family

    They yell at me hit me make fun of our family members to make her feel better about herself and she always works and leaves me alone and she never plays or hangs out with me also she's 63 and she is showing signs of dementia but when I say somethi...

    E.’s Answer

    I'm sorry that you're going through this. Do you have any relatives who might be willing to take you in? If so, would those people be willing to ask the court to be appointed your guardian? Otherwise, do you have a trusted adult -- a teacher or a guidance counselor, perhaps -- that you can talk to? Are you willing to go to foster care?

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  • Is it legal to read someone's Facebook messages using auto-login if they saved their password on your computer?

    My husband and I separated. I discovered while logging into Facebook that my husband's auto-login came up. I read messages he exchanged with a young underage girl (about 14 or 15 year old) propositioning sex. I copied the exchange and emailed it t...

    E.’s Answer

    What your husband did is likely not legal. You mention that you are separated. Do you have an attorney? If so, consult with your lawyer. If you don't have an attorney, I suggest you get one ASAP and protect yourself.

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  • Do I need to show for a motion being filed in court?

    My ex or soon to be ex husband's lawyer is trying to submit a motion to throw out the separation agreement. I have not received a letter from the court so I am not sure if I should be going when it is presented to the judge. I don't know at this...

    E.’s Answer

    File a motion asking the court to order your husband to pay attorney's fees so that you can be fairly represented and show up. When you show up, make it very clear that you did not receive a copy of the motion in time to review it or get the help of a lawyer. The judge is likely to reschedule the hearing and order the attorney to provide you with proper notice.

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  • What if any guardianship can I get in this case....

    I was recently able to start seeing my children after 14 yrs of not knowing where they were. They were taken out of my ex's home and placed in DCF custody in which case I was then contacted. I am going to be getting a lawyer but have to be assigne...

    E.’s Answer

    The standard for any change in guardianship is what is in the best interest of the child. If you don't know your children and they don't know you, the court is probably going to award you visitation and will want to see whether you can comply with the DCF plan. Further, if your children are at least 14 years old, they will have a voice in the case and will have to assent to any petition for guardianship. If the child doesn't want to live with you, it will be very difficult to get guardianship.

    I strongly suggest that you don't do anything in court until you have met with your court-appointed attorney. You don't want to do something that might undermine what the attorney will do. If you're not sure about when that will happen, contact the Probation Department and ask. In the meantime, if DCF has a plan with you, make sure that you understand it and comply with it to the letter. You can also reach out to your daughter's attorney and express your concerns about the frequency of the moves.

    Good luck.

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  • How can I protect my home and assets from nursing home expenses. should I sell the house to my children

    I am 68 years old, in fairly good health, I still have a 210,000.0 mortgage on my home

    E.’s Answer

    The answer is "it depends." You need to consider very, very carefully what your finance will look like, now and in the future. What other assets do you have? How much equity do you have in the house? Can you afford to tie up your most valuable asset? You also need to consider the distinct possibility that at some point, at least one child could die, be sued or get divorced.

    The upshot is that there is no one right answer. You need to meet with a good elder law attorney. The attorney can review your situation with you and help you find the answer that best fits your needs and goals.

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  • What is the "account without schedules" form for? MPC 853a

    Not sure why this even exists - isn't the purpose of an accounting to make a schedule of income and disbursements? When would this be appropriate?

    E.’s Answer

    It's just a blank cover page. You need to file the schedules with it.

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