My mothers husband is trying to take her out of her health care facility, she has Alzheimers and needs constant care, can he?

It is unlikely that the nursing home will discharge you mother unless they can do so to a safe environment. Her husband will have to show that he...

Is it beneficial for elderly parents to transfer their home in to their children's name?

Once your give you their house you also get their tax basis and unless you live in the house for two out of the five years prior to selling it, you...

I want to write a will. If everything I own is jointly with my spouse then she automatically gets everything so why bother?

It is customary for a husband and wife each to have their own Wills written, even if all the property is in joint tenancy or would pass as part of...

In order to have a successful claim against the estate you will probably need to have had a written care agreement in place, otherwise the heirs...

What are the negatives of getting an irrevocable medicaid trust?

As my colleagues point out, this is a dangerous area of the law and things can go off track rather quickly. Even if an irrevocable Medicaid trust...

Can I file Small Estate Affidavit after mother already did so in 2010 for unexpected burial of her brother?

Follow Attorney Paxton's advice. Sometimes the solutions to a legal problem can be simple.

A life estate is an ownership right in the property that terminates upon the death of the tenant. They don't have to live on the property to make...

What if your mom was in a home and Medicare is paying for if if she passed away can they take her house that is willed to me

I think you mean "Medi-Cal" or "Medicaid" in other states.

Written agreement with Mother outlining compensation for elder care

This is actually more complicated then you may think. An attorney will need to review the agreement, the POA, and your sister's complaint to...

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I hired a lawyer and gave him money for a retainer but he only used some of the money but isn't paying me back for what's left

Demand an accounting from him and if you are still not satisfied tell him you will take your fee dispute up with the State Bar.