Here is a hypothetical question. Suppose somebody has a brand new will made out. At that time, they are completely competent and no duress at all. However, at the time of death, they are declared incompetent or mental incapacity of some kind. ...
If you will allow me to your lunch table, even though I do not practice in Ohio, I would think the most important issue (if the new Will satisfies the other technical requirements of being a valid Will) is what do you mean by "declared incompetent or mental incapacity of some kind?" Testamentary capacity is among the lowest capacity tests to pass. A person may have a significant functional impairment rendering them incapacitated to transact business or enter into a contract, yet still have testamentary capacity. In fact, in my home state "incompetency" is the terminology used when the court determines that a person cannot handle their property or affairs without assistance and appoints a guardian, but under our statutes a person who is incompetent may still have capacity to execute a Will.See question
Mom is 92, divorced, has dementia, and lives with her son. It's time for her to move into a skilled nursing facility. She needs Medicaid to do this, but she (actually her Revocable Trust) owns 2 rental properties in Indiana, worth under $100K com...
First, I don't practice in Michigan, but I can tell you that the ownership of real property in another state is a common reason for disqualifying a person from Medicaid. As my colleagues have advised, you need to hire an experienced elder law attorney to help you out with a plan whereby at least some of the value of your mother's estate can be saved. There are probably several things that you can do that will help, but trying to do this on your own is NOT one of them.See question
My Mom has the beginning stages of Alzheimers/dementia. She does not make very sound decisions or take care of herself. She has let the house that we own together go into shambles so much that she had to come live with me. The area the home is ...
Your ability to transfer title depends upon what authority has been granted under the power of attorney. None of us at AVVO can read that document, so you will need to take it to an experienced elder law attorney to review. Depending upon the circumstances, transferring the home as you describe in your question and in the comment sections may or may not result in a penalty being imposed should your mother transition into a long-term care facility and need Medicaid. Be careful. Your plan could easily backfire on you and you could find yourself in serious trouble. That is why it is advisable to consult with an elder law attorney in private.See question
I have a friend that is living in a non safe home her husband is physically n mentally abusive to her and I was going to try n go to a family shelter with her how do we go about doing that?
To get your question before the right group of attorneys, I have changed the practice area.See question
My mother passed 3 years ago I just found out my brother did not list me on the administration for the estate stating he was an only child the estate which is 75000 plus now an extra 49000 that he just recieved from a structured settlement lawsui...
Since you say you need an attorney ASAP, rather than waiting for days for a response (one that may not come since on AVVO attorneys are limited to giving advice and aren't supposed to solicit employment), I suggest yo use the AVVO Find a Lawyer tool to locate a probate litigation attorney where the probate took place and contact them directly.See question
I am administrator of my mothers estate and my brother is in prison in wa state. who do I notify about seeing if he owes restitution and if he does do I pay it out of his share or once I notify them is it between my brother and the state?
Yours is an unusual situation involving several divergent areas of the law. That may be why you haven't gotten much response. Were I in your position, and if the estate was in a state where I practiced, I would open a formal probate (even if the amount of the estate is small), send notice to your brother, and let the state pursue its claim. The state is his creditor, not yours, and not a creditor of your mother's estate. Use the AVVO Find a Lawyer tool to locate a probate attorney.See question
My parents left 1/4 of the sale of house, property, etc. to each of the sisters. There are 4 , I am youngest. My brother in law is executor over estate for paperwork , but not decision of sale. We had to sign legal document for my nephew to live i...
From the information you have provided, it is hard to tell exactly what is being done. What do you mean when you say your brother is "executor over estate for paperwork?" Is the an action in the court? Was a probate opened? The best advice anyone can give is to tell you to contact a probate attorney to review the paperwork to which you refer. A letter to your brother from an attorney may go a long ways to moving this matter along.See question
I am 55 yrs old and I took in my 66 year old invalid sister 8 yrs ago when our Mom passed away. Well she is almost at the point where she cannot go to a daycare and needs 24 hr care. How do I stay at home and get paid to take care of her?
As Attorney Neufeld says, you will probably need a well written personal care agreement if you want to get paid moving forward. Be aware that income and employment taxes will need to be paid, but that is not the end of the world if it can save part of your sister's estate from being spent on strangers taking care of her. Use the AVVO Find a Lawyer tool to locate a local elder law attorney.See question
My mom is in a nursing home and I Don't think she's going back to her assisted living.
It may seem like a simple question, but it has a lot of moving parts. Because the answer is fact driven, it is imperative that that you get with an experienced elder law attorney ASAP to go over your mother's situation. For example, it might be possible to use the life insurance to fund an irrevocable prepaid funeral plan. You can locate an elder law attorney near you by using the AVVO Find a Lawyer search tool.See question
My best freind is incarcerated and her father just passed away. She wants me to be power of attorney while she is in prison. I'm not sure how to do this.
It is common need for inmates to appoint a trusted friend or family member to act as their agent in dealing with matters on the outside. The proper tool to use is a power of attorney, either general or limited. She should ask her attorney for assistance in preparing such a document or recommending someone who can. She can also reach out to the warden for assistance with the document. Before you agree to act as her agent under a power of attorney, I recommend that you go to the Consumer Financial Protection Bureau website and download their booklet on serving as an agent under a POA entitled Managing Someone Else's Money - Help for Agents Under a Power of Attorney. It is easy to understand and can keep you out of trouble. Here's the link: http://www.consumerfinance.gov/managing-someone-elses-money/#power-of-attorneySee question