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David L. Carrier
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David Carrier’s Answers

3,059 total


  • Can the just take my father like this, what grounds do I have and what can I do to stop this?

    My mother and father are still married, my father was hospitalized and has been there for almost two months now. They both where living in poor condition, so I step in to hope them find a better place to live but before I could get them moved in m...

    David’s Answer

    Q: Can the[y] just take my father like this, what grounds do I have and what can I do to stop this?
    A: If dad is competent, he gets to decide where he goes. If he's been found incapacitated by the court, the court has to lift the incapacity. You can't just "take him". Consult with local counsel!!

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  • Lifting a pfa.

    Plaintiffs PRIMARY P.O.A lives out of state. She is listed on PFA that his younger daughter filed on dad's behalf. (He was in a coma&that daughter has been looking for a way to "poke a bees nest")-no hx of ANY TYPE of abuse-we are actually the Kod...

    David’s Answer

    Agree that you need local counsel. And if the bee hive poker want's to get serious, she'll need to show up...

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  • A remainderman on my life estate just got a judgment lien on the property . Can I sue him to get my house back now, after lien?

    Can I still sue this remainderman for duress in signing my deed over to him one year ago? The judgment lien was placed on the house recently. This remainderman had a big lawsuit against him but never told me, plus he lied to me what I was signin...

    David’s Answer

    He deceived me and lied, threatened, tricked me to sign my house over to him last year. I just recently found out what he did to me. I'm over 85 years old.
    How did this happen? Is the "remainderman" a door-to-door sales person? A child? What promises were made to induce you to sign the deed? I'd like to know more of the facts, but in the meantime, getting in touch with adult protective services and an elder law attorney is the least you can do. Right. Now!

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  • Medicare/SSDI Disability/Elder Law

    I was a teacher & went on SSDI for autoimmune diseases. I had Kaiser HMO & assigned my monthly $104 Medicare benefits to Senior Advantage in addition to my monthly Kaiser premium of $100 totaling $200/month. My husband had his Federal Employee PPO...

    David’s Answer

    Agreed on both counts... it's very difficult to get relief from an application of the rules to your situation, based on the facts you've described... but an elder law attorney may well be able to help...

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  • Am I being told correct information about rental income on inherited property?

    My grandmother passed away in 2008 and I am heir to 25 % of her estate. All real estate properties have been sold and the funds have been dispersed properly according to the will. One piece of property, which is rental property, has not been sol...

    David’s Answer

    Of course you're entitled to receive 1/4 of the net income on the property. Mom needs to talk to her attorney.

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  • What happens if father and step mothers wills were proved to have signatures forged by step sister. How is inheritance affected?

    My fathers death was in 2008. Step mother passed is 2014. Both wills were filed into probate within months of each other in 2015. Step sister received a much larger distribution of assets. She was the estate representative. What are our legal opti...

    David’s Answer

    Q: What happens if father and step mothers wills were proved to have signatures forged by step sister. How is inheritance affected?
    A: Sister goes to jail for larceny by fraud and you try to get stuff back from her.

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  • As the agent on general power of attorney from several principals (my family), I intend to hire a lawyer

    Hello dear lawyers As the agent () on general power of attorney from several principals (my family), I intend to hire a lawyer and initiate legal action on their behalf .. This is totally my idea, my initiative, my planning and strategy develo...

    David’s Answer

    The problem here is that you have a duty of loyalty to each and every one of the persons who made you their agent... It is well said that a man cannot server two masters and here you've engaged yourself to many... You've taken on responsibility that almost cannot be well carried out due to the inherent conflicts of interest among the family members. You are making yourself a target. Consult with counsel to determine the appropriate way forward. But this isn't it!

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  • What can I do

    My mom h has been with a guy for about 10 years plus and now she's not able to take care of herself and she was recently in a home and now she's back at her house and the guys trying to take over all of her assets and finances I'm her son what sho...

    David’s Answer

    If the guy isn't taking care of your mom or is financially exploiting her, then you can call Adult Protective Services or go for a guardianship/conservatorship in probate court... First thing, though, is to honestly and rigorously evaluate why you say the "guys trying to take over all of her assets and finances"... What evidence do you have? Why have you made that judgement?

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  • Is this FRAUD if the lawyer does not disclose all the information in a trust and have an alzeimers patient sign papers.

    My father was in the nursing home and the lawyer had him and me sign some papers so he could get Medicare. That's what she said. After he passed I found a part of the trust that said I. Have up to six months to buy the house. She never disclosed t...

    David’s Answer

    Family members frequently feel that they should be informed of the decisions of the parent before the parent passes. Actually, the attorney's responsibility is to preserve the confidences of the clients so long as possible, consistent with the client's wishes. Not sure why you weren't given the full period of time to purchase the property, but that's not fraud, especially since it's unlikely that the attorney was responsible for that decision... and I notice that you aren't complaining that the attorney failed to get Masshealth for your dad...

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  • Can I simply revoke my power of attorney in the circumstances below?

    I gave my power of attorney to someone in 2002. My p.o.a. lists my address and my attorneys in fact names (2) data all in the first paragraph. Then it specifies financial powers (27!), in detail for 3 pages. I’m concerned what effect this exact...

    David’s Answer

    Q: Can I simply revoke my power of attorney in the circumstances below?
    A: Yes. The cited language is pretty common and does not mean that you cannot revoke the PoA (that might be a triple negative!)
    In Michigan, at least, you cannot actually have an irrevocable power of attorney - all powers of attorney may be revoked by the grantor...

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