Archived
If the Beneficiary is a long forgotten girlfriend, can I sue her since I'm his son & have hi Last Will
Lawrence's answer
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Answered on June 04, 2013
You may or may not have a case here, but it is very fact dependent. If a valid beneficiary designation is in place, you aren't entitled to defeat...
Archived
I and my 3 brothers inherited my Dad's Condo w. a huge mortgage. Will the bank transfer the mortgage to my divorced mother ?
Lawrence's answer
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Answered on June 04, 2013
Hiding anything is at your peril. You need counsel with an NJ estates lawyer.
Lawrence Friedman, Bridgewater, NJ. Certified as an Elder Law...
Archived
Physicians Certificate of Medical Exam- Why would a physician complete this without permission of patient? Elder Law
Lawrence's answer
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Answered on June 04, 2013
Depends on local court rules and procedures but a physician report regarding potential guardianship may be shielded by HIPAA litigation...
Archived
My mother was put in a nursing home. She is in early stages of dementia. Her wish has always been a different facility
Lawrence's answer
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Answered on June 04, 2013
It's certainly not elder abuse for your brother to refuse to move your mom from facility A to facility B. However, it could be a breach of...
Archived
My mother has recently been diagnosed with dementia and significant overlay of mood disorder. She has a renter
Lawrence's answer
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Answered on June 03, 2013
You can apply to court for guardianship/protection against exploitation but will succeed only if your mother presents as having capacity issues. ...
How can my elderly father sell or sign over his house to avoid a nursing home getting it.
Lawrence's answer
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Answered on June 03, 2013
To transfer real estate a deed is required. Whether or not it is a good idea to transfer real estate requires a legal consult with an elder law...
Archived
Can money in my deceased fathers and my names be requested for my mothers Maryland long term care medical assistance application
Lawrence's answer
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Answered on June 03, 2013
Complex question. Answer depends on who funded the account and on state account law. If you can prove that you funded the account, state banking...
Archived
Does our income count for Medical Assitance when in-law lives with us? (PA)
Lawrence's answer
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Answered on June 03, 2013
Probably not but it can in unusual situations. If you work with a local elder law attorney, affairs can be maintained to that income of others in...
Does power of attorney override conservatorship
Lawrence's answer
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Answered on June 03, 2013
Conservatorship overrides conflicting POA, but POA often avoids the need for C. POA can't force a principal to do anything the principal doesn't...
Archived
Can I get my home put in my name only?
Lawrence's answer
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Answered on June 03, 2013
Getting the house in your name is simple [deed from mom via signature if competent, via POA if authorized in document, or via guardian if not...
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