If by SMI you mean Serious Mental Illness, the first step is to determine whether the son has capacity. Most attorneys use a simple three prong...

If at the time of the transfers (also known as gifts) of the "vehicles, bank accounts, etc." the 71 year old woman you talk about was in full...

The terms of the Trust set up by his mother will determine whether you could have access to any of the proceeds of any real estate sold by the...

What must a Grandmother do to receive custody of an 11 year old grand-daughter whose Father just past away?

The right path is to hire a Guardianship attorney to file for Guardianship/Conservatorship over the children. The court will then look to see if...

The filing of divorce papers gives a presumption that the ex-to-be-spouse is no longer authorized to make medical decisions on behalf of your...

Regarding a POA form

An elder law attorney would tell you to have a common law power of attorney created for your father while he still has capacity. You want a power...

Taxes are typically paid out of the estate. Your will or trust can both allow someone a "life estate" in your house. I recommend using a trust.

My mother past away 2 weeks ago how long to i wait for the trust money

The time it takes for you to get trust money will be dependent on the trust provisions. Most trusts allow a reasonable amount of time for the...

Is it okay for an elderly person to gift money to a child to reduce savings so they can receive medicare or medicaid benefits.

So long as the elderly person does not commit fraud when answering the application question, "have you or your spouse disposed of any property for...

Splitting up Joint CD ownership

The correct answer to your questions depend on a couple of things. Mainly, how did you come to own the CD's jointly. If you can prove that you...