Tag Archives: ELDER LAW

Can trustee allow her adult children to live in father’s house rent free?

Q: My father’s second wife passed away in March 2016, at which time my sister immediately had her children, ages 20 and 22 move into one of his houses under the stipulation they were to check on my father every day and pay the cable bill. They have done neither. My father pays their bills unknowingly, and my sister, as trustee, won’t give my father a copy of his will and trust so he can see what he signed. With the exception of my brother and I, the rest of the family constantly lie to my father about issues concerning his health, driving, and legal issues. Due to his early stage dementia, this causes more confusion for him. My sister (trustee) has stated a couple of times that she wished our dad would die. Doesn’t that constitute elder abuse? (Glenshaw, PA)

A: With early stages of dementia, your father can still be competent. If so, it is up to him to allow the grandchildren to live in his house and allow your sister to be an influence. If he made her trustee of his trust (if that is what you mean) he must trust her to some extent. However, as Trustee of his trust, she has an obligation and duty imposed to preserve trust property. Allowing her children to live in your father’s house for free does not sound she is acting in a fiduciary capacity. If you feel he is being taken advantage of, have a talk with him. He can always make you and/or your brother Agent under a POA if he is still competent. If he should digress to the point of being incompetent, you and/or your brother can file to be his guardian in court. If the sister also wants to be his Guardian, you may have a contested guardian hearing. In addition, if you believe she is mismanaging the trust, your lawyer can file for an accounting of that trust with the court. You will need the advice of a lawyer to handle these procedures.

Is my Mom responsible for Dad’s nursing home bill?

Q: My dad was in a nursing home and passed away. My mom received a bill saying that she owed $1500 for my dad’s stay in the nursing home. This was over a year ago. (White Oak, PA)

A: This used to be an easy question to answer. In the past, if the community spouse, in this case your mother, never signed the bill as a guarantor, and an estate was not opened for your father, I would say, no. However, many states, including your beloved Commonwealth, have passed “filial” responsibility statutes which hold spouses and next of kin responsible for the medical bills of an indigent person. I would hold off on paying it, exhaust all insurance coverage options, and let them explain to you why your mother owes this bill. If necessary, consult with an elder law attorney in your area.

How do I hold POA uncle accountable for my mom’s money?

Q: My mom had a will and trust. My uncle had power of attorney over her and he went on a power trip. I know he had some bank accounts in his and her names on that were considered part of my mom’s estate and is he accountable for the bank accounts. If so, how do I go about getting him to be accountable and showing receipts for his withdrawals of the bank accounts during his time of power of attorney. During that time, he filed a restraining order against me, my mother’s only child. (Pittsburgh, PA)

A: You can ask him for an accounting of all bank statements and receipts, but it sounds like that is not going to happen. The correct legal procedure needed to hold an Agent on a Power of Attorney accountable is to file a petition in probate court asking for an accounting of all expenditures and deposits. I would not try this on my own if I were you. You should consult with an attorney.

Can Medicaid take my profit if I sell my townhouse?

Q: I want to move into a low-income apartment. Will I lose my Medicaid? Because I made a profit on the sale of my townhouse? I owe my cousin money and she will get my profit money. (Monroeville, PA)

A: I am sure if you applied for and are receiving Medicaid funding they already know about this townhouse, assuming it is in your name and you didn’t falsify your application. They may already have a lien on this house. There are too many questions here, to give you a competent answer. Like, is the townhouse in your name? Are the proceeds going into a trust of some sort? When was the trust established? Please consult with an attorney versed in Medicaid regulations.

Can his sisters contest his will?

Q: He had his lawyer do his will after the diagnosis. The doctor giving him a 10-year possible lifespan prognosis. He has no wife or children. He has two siblings older than him and nieces and nephews. We are not romantic, but we have social outings and travel together. He pays. He also gives me around $700 a month to help pay my mortgage. I am 74. I fear when he passes that I could have trouble from his sisters and the nieces and nephews contesting the will. His estate consists of a 2015 Corvette Stingray, a 2016 Rav 4, a $180,000 home and about $150,000 in the bank plus a coin collection. No bills other than monthly utilities and living expenses. What should I do when the time comes? (Clairton, PA)

A: If he was competent when he executed the will, and the will is in compliance with the law, you should be fine. Anybody can say they will contest a will, but it is difficult to do. If the testator was competent and there is no clear and convincing evidence that the will was a product of coercion or undue influence, they have no claim. Because you are not married to him and you are not family, is irrelevant. He is free to leave his estate to whomever he wishes. There is nothing you can do except make sure his original will is preserved and kept safe. If it would disappear before he dies, then his biological heirs will inherit from him, and you will be out of the picture.

Can I sign her will if I am Power of Attorney?

Q: I have been taking care of my mother for the past 5 years! She has become sick and has given me a power of attorney! Could I have a living Will prepared if I have a power of attorney! (Pittsburgh, PA)

A:  Are you are asking whether you, as Agent under a POA, can sign a living will for your mother? The answer is unfortunately no. She needs to sign her own living will, will and power of attorney. She can do so only if she is competent. Ask her doctor if she is competent to sign these documents. You can also ask a lawyer to visit her and assess her for competency

Husband’s father has cancer, can his sister write checks?

Q: My husband’s sister is staying with her father. Who is sick. My husband is the father’s Power of Attorney, but the sister has been signing the father’s checks and giving them to her other sister, who up until this week hasn’t been part of her father’s life for several years. Supposedly they have been taking his mail and banking information out of the house as well. The do not possess power of attorney, and the sister staying with her father is on SSI Disability, and has taken the father’s bank cards and been using them for purchasing many items for herself and her boyfriend without the father’s permission. (Pittsburgh, PA)

A: She has no authorization to sign checks on his behalf. She should not give his money to anyone else unless he is authorizing her to. The way you describe it, it sounds like she is taking advantage of him. As his Agent under a POA it should be in your husband’s authority to safeguard him in a variety of ways, assuming he is not competent and is not opposing your help. If so, you can close his bank accounts, have the bank restrict them, redirect his mail, change his locks and keep them out of his house. These are complicated situations and you may want to consult with a local attorney. If his competency is in question and he refuses your help, your husband may want to consult with an attorney about becoming his Guardian.

Can I prevent my siblings from selling the family home?

Q: By way of my parents will I have 1/4 ownership of this home that I reside in. My mother has passed away and my father is in assisted care because of dementia my siblings are trying to sell this house worried about future Medical need for my dad who is 91 years old. I want to purchase this home but they’re not giving me enough time to get my credit in order. How can I prevent this transaction from happening or what can I do at this point? This has been my family home for 60 years I do not want to sell. I want to keep it and keep it in the family for my child and my grandchildren. (Pleasant Hills, PA)

A: I assume you mean your parent’s will and not their “living will”? Your 1/4 ownership does not kick in until your father dies. I will assume your father took full title when your mother passed. If the siblings are acting under a valid POA, and these medical needs are legitimate, they can sell the house. In that case, you need to get moving on finding a lender. If there is no POA in place and your father is incompetent, they would need to file for one of them to be his guardian in order to have legal authority to sell this home. This would give you more time. In any event, get moving and find a lender.

Can my aunt contest my grandmother’s life estate?

Q: I have lived with my grandmother for over 18 years now and raised both of my children here with her. When her children found out she left the house to me as a life estate they stopped talking to her. She pays all the bills in turn I take care of her and promised to never leave her and to never allow her to be put in a home. She wants to die in her own house. My family and I care for her every day. We do breakfast, lunch dinner, medicine, showers, changing her diapers, anything and everything that she needs. We are the only ones here to help. They want nothing to do with her and only contact her by phone occasionally. They send her cards in the mail and they live 2 miles away. Sometimes one of her other granddaughters will come here just to take her to the bank to get money. They want to wait until she passes because they know while she’s alive she will fight for me and what she wants for us. But she is 97 and shouldn’t have to go through this. It stresses her out thinking they are going to try to take away the home we have built. is there anything we can do to ease her mind and make sure that these people cannot hurt us anymore? (Penn Hills, PA)

A: It is difficult to tell who has the life estate, you or your grandmother. I strongly suggest that you and your grandmother meet with an elder lawyer or estate lawyer who can look at this deed and advise you as to what your options are. If she has the life estate, the normally will house transfer to someone upon her death, hopefully you. If you have the life estate you can live there until you die, then the house transfers to someone else.

Can my sister evict our elderly mother?

 

Q: Eight years ago, my sister convinced our mother to leave a HUD subsidized senior complex to live in her house instead. At the time she wanted our mother to take care of her house while she lived elsewhere. My mother uses most of her Social Security pension, her only source of income, to pay my sister a monthly rent plus other expenses. My sister has just given notice that she wants our mother out of the house so that she can convert her house into a full rental unit. We are trying to find a place for her, but so far, all the federally subsidized places we have looked at have a one to three year waiting list. My sister says she must be out in six months. Does my mother have any legal rights to remain in the house until she finds another viable living arrangement? (Versailles, PA)

A: I think the reality of the situation is that your mother needs to find elsewhere to live. You could consult with a landlord tenant lawyer. Your mother has rights under landlord tenant law. Normally however, landlord tenant laws are not so generous as to allow six-months-notice unless such time is provided in the lease. You could assist her by reaching out to senior housing programs.