My mom used her house as collateral to get a loan. Still owes $17000 on it. She has become so feeble that she needs to be in a nursing home. We can not do everything for her anymore. Can we sell the house while it is tied up with the bank? This...
I recommend that you first speak with an attorney in your area that includes elder law in their practice. Your mother may qualify for Medicaid even though she owns a home with equity. The rules vary from state to state. Regardless, if the home is sold the loan will be paid off as part of the sale and the proceeds can then be used for your mother's care. In order to fully understand all your options get an appointment with an elder law attorney. There are questions that you likely don't know you should be asking and the right attorney can help you "know what you don't know." The expense of the initial consultation will be worth it.
My mother has hired an attorney and gained a hearing in South Carolina to replace me as executor of my fathers estate. I live in Washington State. If I am ok with not being the executor, do I have to attend the hearing.
Be aware that when someone takes the time and effort to file a formal motion to remove an appointed executor there is likely more trouble ahead. Make sure that all your actions as executor are documented with every detail taken care of or you could find yourself in a world of trouble. If you don't have a lawyer in SC you need one ASAP before you sign anything. Good luck.See question
My birth father and I reconnected about 10 years ago and he passed about a month ago. His sister who he was living with contacted us while he was in the hospital because my brothers and I were responsible for the decision making. My father had a...
Your best option is to contact an attorney in South Carolina that handles probates in the county where your father lived. You could always ask your aunt directly but if she doesn't or won't answer you then you will need to contact an attorney. Please understand also that with annuities the annuity contract may indicate who will receive payments after the passing of the annuitant. Your father may have named your aunt as a contingent beneficiary of the annuity which would make it not subject to probate. Good luck sorting this out.See question
We need to find out what attorney did my parents trust
You don't indicate whether your parents are alive. While they are alive the attorney-client privilege would prevent an attorney from revealing whether he or she did any work for your parents. If your parents had a trust and they are now deceased the nominated successor trustee in the trust would have the right to talk to the lawyer. You seem to know that your parents had a trust. Do you have a copy? Are any signatures notarized? If so, you can check with the state agency that regulates notaries to track that person down which may lead to the correct lawyer. You can also check with the Massachusetts State Bar and ask that they put out an inquiry to lawyers in that state. In my state we often have children contact us after a parent's death asking that we help find whether some attorney may have prepared an estate plan. It is not uncommon for one of us to put the question out on a list serve that goes to estate planning lawyers in our state. I would expect that MA has a similar list serve for estate planning attorneys. Lastly, not all trusts are prepared by lawyers. I have seen self prepared trusts using software or preprinted forms and I have seen trusts prepared by insurance agents. You may have to cast a wide net. Good luck.See question
if a living trust has income only from tax free muni bonds, is that taxable
Check with a CPA or tax professional in your community. Generally tax free muni bonds are just that, tax free.See question
Had a process server violate the no trespassing signs. I would like to enforce the trespassing law on her.
If the property is posted according to Idaho law and you find some is trespassing you can call local law enforcement and file a report. What they do with it may be out of your control but you have the right to report any trespassing even though you are a tenant.See question
I had the balance of a credit card with Capitol One show up on my credit report as a public record. I worked with the attorneys and paid off the balance owed and received a Satisfaction of Judgment from the court. The public record remains on my c...
If you received a satisfaction of judgment that means there was a judgment against you. If the public record that is showing up on your credit report is that judgment there is nothing you can do about it even though you have paid it off. Even with this blemish on your credit report you can still improve your credit score in a variety of ways. But for it to completely fall off your records will take awhile. Good luck.See question
I am concerned about my granddaugter, who is very depressed, anorexic, and displaying very erratic behavior (she is most likely bi-polar.) She is currently at Bapt. Health Med. Center in Little Rock, but they are talking about discharging her. I f...
I am sorry your granddaughter is suffering with these problems. A guardian ad litem is a very specific appointment that usually means the person is acting for another in connection with some kind of court case. I think that what you are really asking about is regular guardianship. In order for a guardian to be appointed for your granddaughter there has to be a court proceeding filed and then an investigation. This is a very structured process and in most states takes a fair amount of time (although a temporary guardianship can often be in place for a limited period of time). If her parents won't seek that kind of help for your granddaughter you can look for an attorney in Arkansas who can describe the entire process to you including what criteria must be proved. If she is truly a risk to herself the state of Arkansas can get involved. I would start with her parents and see if you can get them interested in finding more ways to help your granddaughter including guardianship. Good luck.See question
Just need to know how it will affect me. Im on medical in california no other type of aid just medical.
If your medical is provided by MediCal you will need to check into whether this interest in land will be more than the applicable resource limit. A knowledgeable elder law or disability attorney should be able to answer your question but will need information about the property, including how much it is worth. Good luck.See question
The only thing in his name is the note that is still in his name unable to refinance it to my name only. I did get behind but have been approved for a modification. He says or his attorney says I have violated the orders and he is in title to the ...
You need to take a copy of your divorce decree, and any correspondence you have received from your ex-husband's lawyer and sit down with an experienced divorce lawyer. Sometimes the divorce decree spells out what has to happen to an existing loan, etc. Sometimes it doesn't and that is where a good lawyer can help you sort this out. It will be faster and less expensive if you can do this before your ex-husband takes you to court. Good luck.See question