Skip to main content
William J. Miller

William Miller’s Answers

44 total


  • What can I do to pay her bills at the nh as they refuse to apply to medicare or medicaid help. She has bcbs insurance, also,

    We had to place my mother in a nursing home when she became delusional and paranoid following my father's death. We had stayed with her or had her stay with us for 14 months. She was diagnosed in a treatment center at the hospital as having alzhe...

    William’s Answer

    I would advise you to talk to an Elder law/Medicaid attorney asap. You are not personally obligated to pay for her care. An attorney who specializes in Elder law/medicaid can tell you exactly what you need to do to get her qualified. You also need to get a good power of attorney from her while she is still competent so that you can do this planning in case she becomes incompetent. The power of attorney needs to allow you to do trust planning and give other powers that most "standard" powers of attorney do not.

    See question 
  • Is there probable cause to have my Dad involuntarily committed? I believe he is on hard drugs and is mentally unstable.

    I believe my Dad is doing some sort of meth or other drugs. On a normal basis, he stays up for 2-3 days straight without any sleep and has gone up to 5 days and nights. He said he was working (he isn't employed, but is a mechanic and does side wor...

    William’s Answer

    Unfortunately in Alabama, there are not many options for people who are mentally ill but will not acknowledge it until they "do something" to harm someone or themselves. To do an involuntary commitment, you will need a doctor to state that your father is incompetent and a danger to himself or others. However, drug dependency and the actions that go with it are not usually grounds for incompetency. If he will not seek help, then I suggest you get restraining orders against him. If he violates those, you could have him arrested and then try to use the criminal system to force him into rehab as part of his pretrial diversion or probation. Sorry there are no good options.

    See question 
  • Can I sue the Seventh-day Adventist church for messing up my life and putting me into mental institutions?

    In 1990 I was attending Auburn University and was in contact with the Navy for admittance into their nuclear engineering program. It was at that point when I was proselytized by the Seventh-day Adventist church. Upon entering the church I was stro...

    William’s Answer

    I am sorry for all you have been through. In a lawsuit, you have to be able to prove liability and damages. Unfortunately, you made the choices yourself to conform to their teachings. Therefore, they have not breached any duty owed to you and likely have no liability. Secondly, you would have to prove that something they did wrong caused your damages (mental illness in this case). It seems you may also have trouble proving that the church itself caused your mental issues. I hope you recover and wish you wel..

    See question 
  • A family friend that has to kids and about to have the 3rd and cant take care of the newborn and want me to what can I do.

    My daughter best friend want me to get her baby. I do want the baby and I am hoping she change her mind. She is 21

    William’s Answer

    I agree that an adoption is the way to proceed if everyone is in agreement. You will need to contact a family law attorney that handles adoptions to proceed.

    See question 
  • How can I get my great aunt out of a nursing home in Lancaster, PA?

    My great aunt has been declared incompetent. She has a court appointed guardian who has not been very cooperative so far. Need to see what my options are to be added to her paperwork to receive info on her wellbeing. What would I need to do to hav...

    William’s Answer

    I think that you do need to contact an Elder Law attorney there is Charleston. Unless you have power of attorney, you have no authority to act on her behalf. Since she has a court appointed guardian, that is the person who has authority to make decisions on her behalf. The first thing you are going to have to get is the authority to act on her behalf. Only a court can give that authority to you. You will need a good lawyer to help you get that authority.

    See question 
  • Father's Will left house to one child. A clause directs the residuary estate to be split between 4. What might that include?

    house & contents not in dispute. Several Bank accounts, stocks and bonds are in question.

    William’s Answer

    The residuary clause only covers things that are in the probate estate not otherwise specifically disposed of in the will. It sounds like the house was a specific bequest to one child and therefore would not be part of the residuary estate. The probate estate itself ( which is what is governed by the terms of the will) does not include assets that are otherwise disposed of by beneficiary designations or payable on death type of dispositions. For example, a life insurance policy is typically left to a "beneficiary" which means it is paid outside of the probate estate and therefore not governed by the will.

    See question 
  • Am I entitled to interest in my grandparents properties?

    My grandfather passed away before I was born and my grandmother passed about 20yrs ago. Together, they have three kids together, my dad(during marriage), aunt, and uncle. My dad passed away in 2008. Since my grandmother passed years ago, my cousin...

    William’s Answer

    Under the laws of intestate succession in Alabama, you have a legal interest in your dad's estate. Your dad had an interest in your grandmother's estate. Unless the real estate was owned with a "right of survivorship" to your cousin or someone else, the real estate would be part of both your grandmother's estate and then, when she passed, became part of your father's estate. I would contact an estate planning/probate attorney asap so you can determine how title to the real estate is held and see what interest you may have in the property.

    See question 
  • Am I entitled to any interest in the properties due to inestate succession?

    My grandfather passed away before I was born and my grandmother passed about 20yrs ago. Together, they had two or more houses/properties. Prior to meeting and marrying my grandfather, my grandmother had two kids, my aunt and uncle. When her and my...

    William’s Answer

    Under the laws of intestate succession in Alabama, you have a legal interest in your dad's estate. Your dad had an interest in your grandmother's estate. Unless the real estate was owned with a "right of survivorship" to your cousin or someone else, the real estate would be part of both your grandmother's estate and then, when she passed, became part of your father's estate. I would contact an estate planning/probate attorney asap so you can determine how title to the real estate is held and see what interest you may have in the property.

    See question 
  • What does it mean when I have recieved a motion to amend complaint granted

    I was incarcerated and I was preparing my papers to sue an individual but was given the wrong person name to sue. I had to refile the complaint.

    William’s Answer

    Just to clarify, a "motion" cannot grant anything - an order from a court can "grant" a motion that has been filed. From the information you have provided, it sounds like you filed a motion to amend the complaint you filed and that the court has granted it which means it is giving you permission to amend and name the correct defendant. However, if you dismissed it and refiled with the right name, I am not sure why there would be a motion to begin with so I am not sure what to tell you.

    See question 
  • Am I allowed my Dad's personal property for my use instead of it being sold? Does step mom have to allow me to have it?

    My Dad left his personal property to 2 trustees for mine and my children's use and benefit. He was remarried to a woman that is not my birth mother. Attorney who prepared the will tells me I cannot prove the personal property to be my Dad's. He s...

    William’s Answer

    An attorney would have to see the trust document before advising you about your rights. However, it can be very difficult to determine the owner of "personal property" unless it requires some type of registration like a car or boat. Unless the trust specifically describes and lists the personal property, the new wife can simply claim that the personal property is hers. If it has to be registered (cars, boats, etc.) then the title will show who owns it. You are going to have a difficult time with unspecified personal property otherwise. Again, you might want your own attorney to review the trust document to see if these issues are clarified within the document itself.

    See question