FAQS authored by an East Providence Elder Law lawyer answering crucial queries regarding senior citizens such as nursing home costs and liens, living wills, estate planning, trusts etc. This estate Planning, Probate and Elder law post answers the following:
1) What documents should be part of an elderly person’s estate plan in Rhode island and Massachusetts (MA)?
2) What exactly constitutes a Living Will in Rhode Island and Providence Plantations?
3) Will the State of Rhode Island take my domicile if I am required to go into a nursing home?
4) What types of legal steps should I take to protect the house in case of nursing home costs?
5) Are there any means for me to retain control of my assets while simultaneously protecting them from the reach of nursing homes?
6) What law will govern the strategies and state determinations?
The topic of Elder Law in Rhode Island encompasses areas of all related to people who have attained the age of 65 years of age and older. Under the general ambit of elder law in RI are topics such as wills, powers-of-attorney, healthcare agent designations, trusts and estate planning. One of the most concerning area of interest to the elderly is the fear to lose your home if you have to enter into a nursing home. Asset protection and Medicaid Planning are the usual terminology for this area of concern. Please contact Rhode Island elder law lawyer, Matthew Slepkow at Slepkow Slepkow & Associates, inc if you have questions about Elder Law .
“In its most basic sense, undue influence is “the substitution of the will of a third party for the free will and choice of the testator in making a testamentary disposition.”Caranci, 708 A.2d at 1324 (citations omitted); see Notarantonio v. Notarantonio, 941 A.2d 138, 147 (R.I. 2008); Filippi v. Filippi, 818 A.2d 608, 630 (R.I. 2003); Tinney v. Tinney, 770 A.2d 420, 437-38 (R.I. 2001). Weakness of mind of the decedent, while a relevant factor, is not an essential element to a finding of undue influence. Caranci, 708 A.2d at 1324 n.3. MARY LOU DAURAY, v. ESTATE OF GABRIELLE D. MEE (a/k/a Gabrielle Malvina Mee), et al. MARY LOU DAURAY, an heir-at-law of GABRIELLE D. MEE, and on behalf of the ESTATE OF GABRIELLE D. MEE, https://www.courts.ri.gov/Courts/SupremeCourt/Opinions/13-135,%20136,%20137.pdf
“Likewise, in Payne v. Hook, 7 Wall. 425 (1869), the Court explained that it was “well settled that a court of chancery, as an incident to its power to enforce trusts, and make those holding a fiduciary relation account, has jurisdiction to compel executors and administrators to account and distribute the assets in their hands.” Id., at 431. (In that same case, a federal court later appointed a Special Master to administer theestate. This Court upheld some of the Master’s determinations and rejected others. See Hook v. Payne, 14 Wall. 252, 255 (1872).)” 547 U.S. 293 (2006) MARSHALL v. MARSHALL No. 04-1544. Supreme Court of United States argued February 28, 2006. Decided May 1, 2006.