Tag: Elder Law
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Senior Under Guardianship: Target for Fraud?
Sleazy schemes often target people at their most vulnerable. Perhaps the most vulnerable time in all of our lives comes in old age. At some point, older deed holders who want to manage the value of their property become likely to lose the capacity to do so. One legal mechanism for carrying out an impaired person’s business…
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What If a Power of Attorney Fails to Maintain the Real Estate?
Linda lives in a memory care unit. Her former home, just a mile away, has been vacant for more than three years. Just before she moved to the assisted living site, she signed legal power over her affairs to her sister Gerry. Gerry lives out of state, and rarely has time to visit Linda. A…
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When Assisted Living Is the Way Forward: Protecting a Home for the Community Spouse
What happens when one spouse moves into assisted living, and the other spouse stays in the couple’s home? The official word used to describe the spouse living at home is community spouse. That’s the spouse who lives “in the community” while the other enters assisted living. The spouse in assisted living may need to tap…
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Senior Financial Exploitation: Living Trust Scams
It’s a common idea that probate should be avoided at all costs. And that a revocable living trust is the way to get around probate. Some people are packaging these ideas and marketing them. You might receive an invitation to a free seminar, or an event at a local home, where a living trust is…
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Consider This Before Creating a Life Estate Deed
Say you decide you’d like to stay in your home for life. After all, with the costs for assisted living going through the roof, holding your deed might be the best senior living plan! You can certainly draw up a life estate deed, and convey your property into a co-ownership with someone — a friend,…
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Politically Connected Broker Pushed Senior Into Reverse Mortgage, Says Lawsuit
A current member of the Council of Calistoga, California, who is also a broker, faces a hearing this month. A lawsuit accuses Councilmember Scott Cooper, along with his company, of exploiting an elder financially.
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Legal Aid Resources: Finding Free and Low-Cost Services for Seniors
Deeds.com offers updated, compliant real estate documents and forms. Now and then, a reader has situation-specific legal questions which require legal advice. Law firms can get expensive, but there are services available at low or no cost for older adults who need them.
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Power of Attorney or Guardianship for Older Adults: Confront and Avert Misuse
When it’s apparent that a power of attorney is being improperly used, is there any recourse? Here, we explore this important question.
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Conservatorship? Guardianship? What Do They Mean for Senior Deed Transfers?
For a lifelong couple, the day comes when one partner starts to focus intently on the well-being of the other. Before then, it’s important for a couple to document their plans and wishes. But how will they transfer the jointly held deed to their home, when one of them loses the capacity to do so?…
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Snowbird Estate Planning for a Changing Environment
If you move with the seasons, your retirement and estate planning needs special attention — now more than ever. This article provides some considerations for snowbirds in changing times.
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Transfer on Death Deed: Second Thoughts?
Avoiding the probate courts is an important goal for some homeowners. That’s why the transfer on death deedhas achieved popularity. One by one, most states have now adopted the option. Sometimes called the TOD deed, or just TODD, it offers a relatively simple way for a deed holder to say who’ll get the deed next.…
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Older Adults, Look Out for These Two Common Deed Bloopers
What are the most common fumbles older adults make with deeds? Let’s take it from the top.
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Reverse Mortgage Problems: When to Stay, and When to Walk Away
Reverse mortgages are designed for senior homeowners. They’re advertised as a super power available to longtime deed holders. The idea? When you’re low on cash, tap into your many years of equity-building. Draw financial strength from your property’s value. Sounds good, and yet pitfalls await the unwary. Reverse mortgages allow borrowing to increase, and home equity…
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As You Get Older, You May Need Medicaid. Protect Your Deed.
Medicaid is a popular program, funding healthcare needs. For millions of eligible people, these needs include nursing home stays. First, the good news. Most people don’t have to sell their homes to qualify for nursing home funds. Now, the not-so-welcome news. The state could record a lien on your title and collect from your estate…
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When a Co-Owner Has Dementia: What’s Ahead?
Do you co-own a home? Then you could one day be asking if your deed can be signed over to someone else if either co-owner develops dementia. You might even want to transfer the deed entirely, and move to a place that will be easier on one or both of you. Let’s take a look…
