Can a nursing home; not Medicaid, attempt to recoup money from family after resident dies?
Jonathan's answer
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Answered on October 08, 2014
The short answer is no. I have copied part of a legal argument I wrote below. HOWEVER, they CAN evict your mother. There are restrictions, and...
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How is compensation for their services determined?
Jonathan's answer
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Answered on October 08, 2014
This is a probate question. The rule of thumb is 5% of the assets subject to the conservatorship every three years when you file an accounting. ...
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Is there a Legal reason why a Doctor would refuse to write a letter stating My Mother's inability to care for herself ?
Jonathan's answer
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Answered on October 08, 2014
There are many possibilities. As previously stated, the Dr. may not want to become involved in a court proceeding. It is also possible that...
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Paying credit cards and are we liable if going into assisted living
Jonathan's answer
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Answered on October 08, 2014
Is she liable? Probably yes. Is she judgement proof? Probably also yes. As long as no one else used the credit cards, you can probably rest...
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Definition of Life Estate
Jonathan's answer
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Answered on October 08, 2014
You state that you "have been given" a life estate. If you gave the house to your children within the last 5 years and kept a life estate, then,...
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Can I claim Certificate of Deposit's that my deceased common law husband had in his name? He passed in 2007.
Jonathan's answer
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Answered on October 06, 2014
I agree with previous answers regarding probating the estate. However, you will also need a judge to rule that a common law marriage existed.
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Can a family member take control of your father land after his death if they paid the land tax and how long would it take?
Jonathan's answer
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Answered on October 06, 2014
In Alabama, two types of adverse possession are recognized by the courts: statutory adverse possession and adverse possession by prescription. ...
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Do all Wills have to be probated to be legal?
Jonathan's answer
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Answered on October 06, 2014
If a will meets the statutory requirements it must still be probated within five (5) years of the testator/testatrix's death in order to legally...
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Assumption on mortgage
Jonathan's answer
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Answered on September 22, 2014
I agree with Clarence, and would add that if you open your mother's estate and pay the mortgage out of your own funds you will be entitled to be...
Is there any way to get letters of testamentary reissued after an estate has closed, without involving a lawyer?
Jonathan's answer
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Answered on September 17, 2014
You may re-open the estate with a Petition for Letters Testamentary De Bonis Non. It means that there is an asset coming into the estate that was...
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