Arizona Recent Legal Answers from Lawyers

There are two types of powers of attorney:  one for health and one for financces.  Similarly, as you have discovered, there are two types of guardian.  In most cases, the existence of a valid Durable [Financial] Power of Attorney means that there is no need for a conservator, a guardian of the estate.... Read More

The cost of obtaining a guardianship can be recovered from the estate of the protected person, which may in this instance mean selling the house or borrowing against it and repaying the loan out of your brother's monthly income.  Please talk with a local elder and special needs lawyer about possible alternative housing and other services for your brother.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More

Please talk with a probate attorney who practices in the state in which your other and stepfather lived and died.  She may not be able to locate whoever drafted the Wlls back in 1993/1994.  That attorney may not have kept a copy of them. If so, he can advise you on how to handle an heirship (the route taken when there is no Will.)... Read More

Without a Will, you and your brother will inherit equally after all the debts have been paid.  The house may need to be sold to pay those debts.  If you cannot buy your brother out, he may force a partition and sale.  You will each receive half the net proceeds (assuming that there is just the two of you).  However strong our attachment to place, occupancy does not confer ownership.... Read More

First, file a grievance with the state bar. Second, report the criminal fraud to the DA. Third, hire a lawyer to bring suit for civil fraud and file a correction deed.  Note that a quit claim deed does not transfer title.  It instead records that someone quits their claim to, for example, an easement over their neighbor's driveway.... Read More

I practice in Minnesota so I am not familiar with how things are done in your jurisdiction.  Your question is probably better directed to a local criminal defense attorney.  Most defense attorneys will give you a free initial consultation during which time he or she can tell you what needs to be done and if they can help you.  Here in the frozen wasteland, if your bf did not have an extensive criminal history, prompt payment of restitution may result in a prosecutor treating the case as a lesser charge.  A good attorney should be able to engage in those kinds of negotiations for you.  Here, the level of offense is determined by the sentence that is imposed.  If he has already been convicted and reduction to a misdemeanor after payment of restitution wasn't in a plea agreemnet, the only remedy may be expungement.... Read More

Be careful not to sign anything as "responsible party" and cross those words out wherever they appear in the resident's agreement and any associated documents.  If your sister cannot sign an promissory note, promissing to repay you, the months for which you pay may be a gift.  It is very likely that your sister will need Medicaid (Medicare is healh insurance; Medicaid helps with nursing home and other long term care).  Apply as soon as she is admitted.  (Hopefully she has named you her agent under a Durable Power of Attorney and you can access her finances and records.)  Medicaid backpays for up to three months.  When the application is approved, ask the nursing home for a refund. Every state administers Medicaid a little differently.  You might want to consult with an elder law attorney.  You can find one near you using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

There are many forms and many documents that are required to process an immigrant case on behalf of an immediate relative. If you are confused as to how to proceed, then you should retain counsel to represent you from start to finish. Some of us charge a very affordable flat fee for representation, and counsel any where in the United States could help you.... Read More

Help your brother report to Adult Protective Services and change the names on his bank account.  Document everything the children have said and done. He can name you his agent under a Durable [Financial] Power of Attorney. If an application for guardianship is filed, you can oppose it, oppose the appointment of his children and offer to serve yourself.... Read More

Are you saying that the statute of limitations was up on your personal injury action or your malpractice claim against the attorney?  If only the former, sue the attorney for malpractice.  Malpractice actions are difficult because you have to prove that you would have won your case if the attorney had not scriewed up, but you have a chance.... Read More

To protect your inheritance, please contact a probate lawyer who practices in the county in which your mother lived and died.  In some states withholding a Will is a crime.  If your sister does not produce the Will, the lawyer can help you file an application to determine heirship and become appointed the administrator of your mother's estate.  If your sister does produce the Will, she is probably not eligible to probate (prove) it.  Since you did not have access to it, you are.  Then you will have authority to sell the house and distribute the proceeds according to the Will or, if there is no Will, the state's laws of heirship.... Read More

Medicaid is not too fussy about who signs the application. Your state department of health should have the form, as should the nursing home.  A spouse is usually turned to for medical concerns if someone cannot communicate. But you may need to become your wife's guardian to access her finances. The local probate or surrogate's court and the state bar should have a list of guardianship attorneys. If you would like to discuss Medicaid planning, including how to preserve your income and some assets, you can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).    ... Read More

It is the executor's duty to gather the assets, pay the debts, and distribute what remains according to the Will.  To do this, he must sell the house.  To sell the house, he must evict whoever is living there.  If there is no lease and no regular payment of rent, that person is a guest and can be asked to leave at any time.... Read More

Bank accounts held Pay on Death (POD) pass outside the Will, usually on presentation of a death certificate.  There is nothing unusual or wrong with your brother claiming the funds.  The only affect this has on you as executor is if you need to "claw back" funds to pay for debts (such as the costs of your grandma's last illness and funeral).... Read More

The answer depends on what the contract provides.  If the contract is silent, it sepends on whether the seller is a merchant (in which case risk of loss passes when the buyer takes physical possession of the goods) or not (in which case risk of loss passes when the seller tenders the goods to the buyer, which would certainly not be later than when the goods are delievered to the buyer's doorstep).... Read More

Take your evidence to a probate lawyer who practices in the county in which your father died to see whether you can replace your uncle.  But also note that he may not be changing title to himself personally but to himself as personal representative of the estate.  He might do this, for example, if he needs to sell the property in order to pay the estate's debts.... Read More