Lawrence A Friedman's Answers (2424)

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What should I do if the person who has the will denies the existence of it?

Lawrence's answer | Answered on March 29, 2013

You raise some thorny legal issues that cry out for a consultation. I'm maybe 15 minutes from Lyons off I-78 exit 33. Lawrence Friedman,...

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Can I sell property as Executor outright or do I have to transfer the deed over to me and my Brother before selling?

Lawrence's answer | Answered on March 29, 2013

I strongly recommend you work with an experienced trusts and estates lawyer. If you don't do it "right" you could have liability to state tax...

Archived

Can a medical directive that my sister has on my dad and she is the agent keep my dad in the assisted living facility, ?

Lawrence's answer | Answered on March 29, 2013

If a medical directive is valid and the principal lacks capacity, then the health care agent under the directive has authority over issues like...

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Can a mentally ill person get a POA on a sick elderly person.

Lawrence's answer | Answered on March 29, 2013

Yes. There is no prohibition on a person with mental illness holding another's POA provided the mentally ill person has capacity, which may or...

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Is there a way to protect my sister's interest but allow her live-in mate to withdraw his portion of joint checking account?

Lawrence's answer | Answered on March 27, 2013

For Medicaid purposes the mate's withdrawal could trigger penalties depending on various factors such as whether the mate contributed to the...

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I am a senior, living on social security, in a contract for my storage locker, and cannot pay the late penalties.

Lawrence's answer | Answered on March 27, 2013

A judge may be able to fashion a remedy but generally speaking the fact that you are a senior citizen doesn't give you the right to violate the...

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Our brother was cremated without our authorization.

Lawrence's answer | Answered on March 27, 2013

Find a local estates lawyer for a consult. You can try the local bar association.

Archived

My two sisters and I would like to review the POA that my Stepmother used to make decisions for my Father's affairs; can we?

Lawrence's answer | Answered on March 27, 2013

Unless you are referenced in a POA, you have no right to see it but if real estate was transferred via POA, it probably is recorded with deeds and,...

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My mom and I have a joint CD account at a bank of which only my social security number was given.

Lawrence's answer | Answered on March 27, 2013

If you are concerned with protecting assets in case your mom needs long term care, I strongly recommend consulting an elder law attorney. See my...

Archived

Will the purchase of a principal residence and or a principle vehicle be exempt from Medicaid rules if I am disabled?

Lawrence's answer | Answered on March 26, 2013

While a principal residence and one vehicle are exempt resources for Medicaid purposes, you also have other options. Consult a local elder law...

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