Can We Bring a Hospitalized Family Member Home Rather than Admit Her to a Nursing Home As the Hospital Wants to Do?

My sister was transferred to a hospital from a nursing home, and then subsequently involuntarily discharged. The nursing home refused to readmit her, and now the hospital wants to discharge her to a new local nursing home, in the midst of the COVID-19 pandemic. Our family wants to bring my sister home with necessary ho...

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Can an Executor and Trustee Sell Property Without Getting the Beneficiary’s Approval?

My brother is executor of our parents’ estates. Both parents are now deceased. The trust provides that all assets in the trust are to be divided equally. Can he sell property and put the value of the property in the estate pool without my signature or approval?

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Can We Pay Off My Grandmother’s Medicaid Estate Recovery Over Time Instead of in a Lump Sum?

My grandmother died with a substantial Medicaid bill. She inherited an income-producing property from her father. The total amount her estate owes to Medicaid is more than the value of the property. Will Medicaid allow the estate to pay off the debt over time or will it force the estate to sell the property for less th...

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My Mother Is Moving to California and Wants to Put Her New Jersey House in a Trust. Does She Need a New Jersey Attorney?

My mother has a home in New Jersey, but she is moving to California to live with family. Can she create a trust in California that includes her house in New Jersey or does she have to use an attorney in New Jersey?

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Can a Nursing Home Require Us to Obtain Guardianship of Our Mother?

My mother recently went from the hospital to the nursing home for long-term care. She does not have a power of attorney, and we do not have guardianship over her. The nursing home wants one of her children to become her guardian because she won’t sign the admission papers. None of us wants that responsibility. I’m on b...

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Is It Legal for My Mother to Name Her Financial Advisor as a Beneficiary in Her Will?

My mother named her financial adviser and his children as beneficiaries in her will. Is it legal for her attorney to allow this?

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Father Executed Two Powers of Attorney. Which One Is Valid?

My father-in-law named son #1 his agent under a power of attorney while he was living with that son. Now he lives with son #2 and he named son #2 as agent under a second power of attorney. Which of the two powers of attorney is valid?

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Can I Transfer My Interest in a House My Parents Own a Life Estate in Without Affecting Their Medicaid?

My parents have a life estate in a home that they gifted to me six years ago. I want to transfer the home to my brother. My parents own a dog that has been deemed dangerous, and I don't want the liability of owning the home. If we transfer the house, will the Medicaid look-back include this change? 

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What Is in a Typical Elder Law Attorney Agreement?

Can you recommend a source for a typical agreement with an elder law attorney? We realize every agreement is unique, but we would like to compare our attorney's proposed language. We are particularly interested in deliverables and reasonable percent of fees to be paid in advance.

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What Happens When a Beneficiary Designation Differs from What Is Stated in the Will?

I have a brother and half-brother who are both beneficiaries of my parents’ estate along with me. My parents’ will stated that certain investment accounts were to be divided into thirds and certain accounts were to be divided in half, depending on how or when they were acquired. In researching their investments, howeve...

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