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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Judith Mitnick
Needham Mitnick & Pollack, PLC
Judith Mtinick is well known for acting as a guardian, conservator, trustee or agent on behalf of clients or by court appointment. This experience gives her a wide perspective and extensive practical knowledge that she uses when advising clients in drafting their planning documents. Her experience, as a court appointed...
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Meet Samantha Fredieu
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Samantha Fredieu
Hale Ball Carlson Baumgartner Murphy PLC
Attorney Samantha Simmons Fredieu is an associate at Hale Ball. Ms. Fredieu graduated magna cum laude from Vermont Law School where she was the symposium editor on the Vermont Law Review, a production editor on the Vermont Journal of Environmental Law, and a member of the Moot Court Advisory Board. She has clerked for...
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