Elder Law Answers
Can Medicaid Force the Sale of a Car That Is in My Father's Name Even Though I Make the Payments?
My father was placed in a nursing home six weeks ago and he will be applying for Medicaid. He has two cars: a truck that i...
Read moreIs a Retirement Community's Verbal Promise Enforceable?
- February 17th, 2015
Q
We entered into a written contract with a retirement community and added a verbal condition. They originally told us the condition was met and I have evidence of them saying so. This turned out not to be the case and I have evidence of this as well. The failure to live up to the agreement affected our health. We have been here one year and it's been nothing but a nightmare. We wish to leave, but they only want to return 76 percent of our entry fee. Is that fair?
A
As I’m sure you are aware, “fair” and legal are not necessarily the same. Your story highlights the need for people choosing to move to a retirement or continuing care community to do so with their eyes open. They need to read the contracts carefully and make sure all of the provisions are explained by the facility or their own attorney. Where there is, in effect, an oral amendment to the agreement, it may or may not be enforceable. You will need to consult with a local attorney to whom you can explain all of the circumstances to learn about your remedies.
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Local Elder Law Attorneys in Ashburn, VA
Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
Bethesda, MD
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Jeffrey Hammond
Hammond and Associates, LLC, Elder Law, Estate Planning, Wills, Trusts, Probate
For Jeffrey Hammond, the practice of Elder Law is personal. Jeff’s many years of experience in law and in business did not prepare him for the crisis he faced in 2005 and 2006 when his father suffered a stroke and both of his parents suffered from dementia and other medical problems. At that time, Jeff began an i...
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William Fralin
The Estate Planning & Elder Law Firm PC
Bill founded The Estate Planning & Elder Law Firm, P.C. in 1994. Bill limits his practice to the areas of estate planning and administration, incapacity planning, Medicaid, asset protection planning, and elder law. He is one of (15) fifteen attorneys practicing in Virginia, Maryland and the District of Columbia, ce...
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Meet Ron Landsman
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Ron Landsman
Ron M. Landsman, P.A.
Ron M. Landsman has been practicing elder law since 1983, before it was known as elder law, originally with Landsman and Laster, Washington, D.C., then Landsman, Eakes and Laster, also in Arlington, VA, and since 1990 in his own practice in Montgomery County, Maryland. He has been among the most active members of the...
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