Elder Legal Questions

If your brother did not appoint you his agent under a Durable Power of Attorney, you must wait until he dies.  If he has a Will, you must wait until a court admits the Will to probate (proving that it is the Will of the person who died).  If he does not, you must apply to a court to be appointed administrator of his estate.  You can then file in justice of the peace/small claims court and have the sheriff evict these people.  Note that if there is no lease, they are guests and can be asked to leave at any time.  If it will not damage the house, you might consider shutting off the utilities in the meantime.... Read More

If your brother-in-law would like to compensate you for caring for him by giving you the house, he may want to do so by signing a Lady Bird Deed (officially called a General Warranty Deed Reserving Extended Life Estate) before a notary and recording it in the county deed records.  This will pass title on his death and free of Medicaid estate recovery.  If he gifts the house to you while he is alive, he will lose eligibility for nursing home Medicaid for a period determined by the fair market value of the home divided by $212.50 (2020).  For example, if the home is worth $212,500, he will not be eligible for 1000 days.  However good a caregiver you are and however much he wants to avoid a nursing home, at some point it may be the only alternative.    ... Read More

Please report this to the state long-term care ombudsman.  Get all your husband's medical records.  Take these and a copy of whatever contract or agreement was signed with the facility to an elder lawyer near you.  Depending on the facts, you may need an elder lawyer or a medical malpractice lawyer.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More

If your mother's trust is paying for your and your mother's expenses, the deed should be in her name.  You should also have a family caregiving agreement so that her payment of your expenses is not seen as a gift which could disqualify her from Medicaid or exploitation which could lead to legal problems for you.... Read More

Report this to Adult Protective Services. If the daughter was his agent under a Durable Power of Attorney, contact an elder lawyer about bringing this to the attention of the court.  You can find one with you on the website of the National Academy of Elder Law Attorneys (www.naela.org)  ... Read More

Not necessarily.  Notarization is by a notary, not by the two witnesses, and should be of an attached self-proving affidavit (though the witnesses and person making the will must sign both this and the Will.) You may not even need a Will.  If you expect to leave less than a home, household goods and personal possessions worth no more than $60,000 and other personal property, such as bank accounts, worth $75,000 and do not have a Will, your heirs can file an Affidavit of Small Estate.  This costs only maybe half as much as probating (proving) a Will and does not require a court appearance.... Read More

If there are two Durable [Financial] Powers of Attorney, the latest one governs.  All Powers of Attorney expire on the death of the person who granted them. The court-appointed executor of the Will or, if there is no Will, the court-appointed administrator of the estate must determine whether the estate is owed money by one of the beneficiaries or heirs.... Read More

While most family members act for free, those who do not are generally limited by state law.  Most states do reimburse an agent for expenses.  While a trustee or guardian can be reimburse for flying cross country to check on the well-being of someone if needed, it is not at all clear that this would extend to an agent under a DPOA.  That is because the agent's duties are with regard to the person's finances, not with regard to the person's well-being.... Read More

Consult an elder lawyer to learn whether transferring during her life without affecting her Medicaid eligibility.  She may need to file a transfer on death deed or transfer the property by her Will.  You can find an elder lawyer near you on the website of the National Academy of Elder Law Attorneys (www.naela.org). Your grandmother does not need to find her old will to make a new one.  A new will states that it revokes any previous wills.  ... Read More