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Delaware Elder Legal Questions

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6 legal questions have been posted about elder law by real users in Delaware. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. All topics and other states can be accessed in the dropdowns below.

How go I have a person name removed from a homeowner deed?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer
While the other person on the deed could gift you his interest and record a deed to this effect, if he (and you) are doing so in an attempt to evade current creditors, this would be fraud.  Note that although an assisted living facility does not provide medical care, there is still a bill for room, board and non-medical assistance which must be paid.  If your husband dies in the assisted living facility (or in a nursing home), suit could be brought against his estate.  In some states there are deeds which pass title on death, avoiding probate.  You might want to discuss this possibility with an elder lawyer.  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
While the other person on the deed could gift you his interest and record a deed to this effect, if he (and you) are doing so in an attempt to evade... Read More

I just found out that I’m the executor of my fathers will and I’m not entirely sure what that entails.

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
When you father passes, your first step will be to hire a probate lawyer who practices in the county in which your father lived and died to present the Will for probate (proving that it is the Will of the person who died).  That lawyer will guide you through  the process of collecting your father's property, paying his debts and distributing the rest according to his Will.... Read More
When you father passes, your first step will be to hire a probate lawyer who practices in the county in which your father lived and died to present... Read More

Can a lien be place on our house if my mother in law requires financial assistance for nursing home care.

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your mother-in-law does not own the house, there is no ownership interest on which to place a lien.  For comprehensive advice on Medicaid planning you may want to contact a local lawyer using the Find a Lawyer function on the website of the National Academy of Elder Law Attorneys (www.naela.org)... Read More
If your mother-in-law does not own the house, there is no ownership interest on which to place a lien.  For comprehensive advice on Medicaid... Read More

Power of Attorney

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
If your mother's Durable Power of Attorney did not name a successor agent, she must grant authority to a new agent in a new Durable Power of Attorney.
If your mother's Durable Power of Attorney did not name a successor agent, she must grant authority to a new agent in a new Durable Power of Attorney.

received a check from state farm...deposited in bank..it cleared..few days later, it bounced...bank says we have to pay back what we spent..we were sf

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer
Ask a local lawyer. I am not sure about this but under the UCC you may have been a holder in due course and good faith and therefore not liable for the bank's problem. This is of course, if you are in good faith. if you knew you shouldnt have received the check, you do not have good faith. ... Read More
Ask a local lawyer. I am not sure about this but under the UCC you may have been a holder in due course and good faith and therefore not liable for... Read More

Transfer House to Caregiver?

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer
there is something like that in PA but you need to ask a DE lawyer.
there is something like that in PA but you need to ask a DE lawyer.
Elder Law
Delaware

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