Archived
My father replaced himself on the deed of his home with my sibling and I. If he sells will we be responsible for capital gains?
Evan's answer
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Answered on April 30, 2021
I agree with Mr. Wilson completely. However, I would add an additional guess that your father is probably elderly and that perhaps he gifted the...
Can Medicaid Recovery Program attempt to place a lien against a home after the nursing home resident passes away?
Evan's answer
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Answered on April 29, 2021
There are two kinds of Medicaid liens -- pre-death or TEFRA liens, and post-death or estate recovery liens. Since your mother has passed, it is too...
Selling house of my father who as dementia
Evan's answer
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Answered on April 28, 2021
You should make an appointment to see an experienced elder law attorney to discuss whether your father still is competent to sign a power of...
Archived
Is tenant liable for cost of repairs?
Evan's answer
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Answered on April 25, 2021
The proper court for these disputes in the General District Court, or possibly the Small Claims Court. You should probably seek advice of a...
Can I get my dad a power of attorney?
Evan's answer
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Answered on April 24, 2021
If your father is competent and willing to sign a power of attorney, then he should contact an experienced elder law attorney and seek to have a...
Can my husband put my name on the deed without ex wife’s permission ?
Evan's answer
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Answered on April 23, 2021
Your husband could add your name to his half interest in the property, but that will not get rid of the ex-wife‘s name as owning 1/2 of the...
I bought a lot at auction but it has an occupied home on it does the lot include the home?
Evan's answer
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Answered on April 22, 2021
I agree as a general rule with all the other answers. However, for extra confirmation, please look at the deed itself and see if it conveyed to you...
Archived
What do I need to get, POA or Guardianship to act on my 20 year old daughter's behalf?
Evan's answer
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Answered on April 18, 2021
Mr Hart is exactly correct. Guardianship should always be a last resort, and only if you are worried that your daughter may be subject to financial...
Archived
What do you suggest as the best solution for adding adult son to deed when house is in a trust.
Evan's answer
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Answered on April 12, 2021
The answer to your question is much more complicated than you realize. You really should consult with an experienced elder law attorney, in order...
How to get a durable POA for my mentally ill Father in Virginia?
Evan's answer
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Answered on April 12, 2021
The people at the nursing home saying this may or may not be correct; only a judge can legally declare someone incompetent. What you should do is...