what type of a lawyer deals with elders and property issues?

Are elder law attorneys specialists?

In many ways, elder law attorneys are "specialists" because of their focus on the needs of older adults, which are often different and more specialized than the needs of younger adults.

How do I find a good Elder lawyer?

Finding a professional you trust can be tough. Contacting current financial planners, attorneys, medical professionals, friends who have enlisted such services, or members of your social clubs may be beneficial. You can also search online at the National Association of Elder Law Attorneys.

How do elder law attorneys charge?

Elder law attorneys generally charge by the hour based on the type of work. In some cases, elder law attorneys charge a predetermined flat rate charge based on the type of work, such as review and signing of documents, filing of tax returns, and will preparation. What Questions Should I Ask an Elder Law Attorney?

What is elder law and what does it include?

What does elder law include? It is a broad category that includes long-term care planning, navigating Medicare and Medicaid, estate and financial planning, guardianship, conservatorship, and probate. Medicare: Are You Covered in 2022?

How Elder Law Became a Practice

The Older Americans Act (OAA) was signed into law by President Lyndon B. Johnson and is credited by the American Bar Association with being the foundation for the practice of elder law. The OAA was the first initiative on a federal level to address and provide a wide range of services for senior citizens.

What Areas of Life Can an Elder Law Attorney Be Helpful?

At some point in our life, chances are good we will need the help of an attorney. As we age and begin planning for our retirement future, and ultimately, our death, seeking counsel from an elder law attorney can be beneficial. Attorneys who practice elder law are knowledgeable in several areas that directly affect senior citizens.

What Questions Should I Ask When Choosing An Elder Law Attorney?

If you decide that speaking with an elder law attorney is right for you, there are some questions you will want to consider asking before entering into an agreement. The National Academy of Elder Law Attorneys (NAELA) says in your initial phone call to an attorney’s office, you may end up speaking with the attorney’s secretary or office manager.

What Questions Should I Ask At My First Meeting With An Elder Law Attorney?

NAELA also has a recommended list of questions to ask when you choose an elder law attorney you want to work with. Once you’ve explained your particular situation and the reason for your meeting, you’ll want to find out the answer to the following issues:

How Do I Find An Elder Law Attorney?

If you would like to find an elder law attorney to speak with or work with, asking your friends and family who they recommend is always a good place to start. The National Elder Law Foundation (NELF) is the only national organization that certifies elder and special needs law attorneys.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is boundary dispute?

Most commonly, when we think of a property dispute, we think of a boundary dispute. For example, a homeowner puts up a fence in the backyard and inadvertently puts their fence over the property line into the neighbor’s yard. Or perhaps there is a tree located between two homes, and one neighbor wants to cut branches that are arching over her roof–who owns the tree?

How to resolve a property dispute with a neighbor?

It depends on the nature of the property dispute. Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What are the responsibilities of a HOA?

Homeowner Association Responsibilities: Which may bring up questions of whether the HOA is responsible for maintenance and upkeep of some elements of the neighborhood. Utility Easements: Sometimes homeowners may not realize whether or where utility easements are located on their property.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

What is zoning issue?

Zoning Issues: Which involves whether the property is being used for the same purpose it was zoned, what zoning ordinances the town has in place, and whether the owner needs to apply for a variance from the town.

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What happens if you don't have a POA?

If you become incapacitated and you do not have a POA, a conservatorship for financial and guardianship for medical (in some states referred to as “conservatorship over the person”) may be required. These require a court proceeding to appoint a person over you. An elder law attorney helps determine whether guardianship or conservatorship are appropriate. Navigating the process of obtaining guardianship or conservatorship can be complicated, and elder law professionals will provide the expertise needed to identify the best person to assume these responsibilities.

Why is a power of attorney considered a legal issue?

Because a power of attorney provides less authority than guardianship or conservatorship, there can be some legal dispute over actions taken by an agent. POA abuse is also an issue since it could involve coercion, in which an older adult is made to give POA against his or her will.

What can an elder law attorney do?

An elder law attorney can help determine whether you are eligible for either program, discuss strategies for spending, advise whether it is in your best interest to apply, and help with the application process. Medicaid may be able to serve as a partial funding mechanism even if you have significant resources available.

What is elder law?

Elder law incorporates elements of financial and estate planning, but it also considers a broader perspective such as medical concerns and other issues facing older adults. Estate planning deals primarily with financial planning for persons of any age and protecting assets when an individual passes away.

What is in home care?

Another option, in-home caregiving, is where a caregiver goes to your home to assist with the activities of daily living, including bathing, hygiene, dressing, mobility, transfers, and cognition. Caregivers can include family members, independently hired home-care workers, and in-home care agencies.

When does a POA become effective?

The POA can be effective as soon as you sign it or be a “springing” POA in which the rights of a durable POA do not lock into effect until certain requirements are met, such as specific medical diagnoses.

What to consider when choosing a representative?

Some common aspects to consider in choosing representatives are where they live, their relationship to one another, their professions, and how busy they are. Sometimes these conversations seem invasive, but they are vital to determine who is acting in your best interest, who will be supportive in the future, and who you can trust to assist in executing your affairs.

What is considered separate property?

In contrast, property obtained outside of the marriage (i.e. before the marriage) may be considered “separate” property; each spouse usually keeps their own separate property in full when they divorce. Communal property generally does NOT include: 1 Property obtained before marriage; 2 Property given as a gift specifically to only one spouse; 3 Any property obtained after divorce or separation proceedings has already been initiated.

What is trespassing in real estate?

Trespassing occurs when a person enters another person’s land or real property unlawfully and without their permission. Trespassing can also involve other issues, such as interfering with another’s ability to use their property, or when a person remains on property without permission.

What is communal property?

In most states, communal property is defined as property that was acquired while the couple was married.

What is intellectual property?

For instance, state and federal laws often address other types of property like: Intellectual Property: Intellectual property is a type of property that is generally intangible and without physical form, such as songs, names and logos attached to products, inventions, and authored works.

What is the difference between personal property and real property?

In comparison, personal property is defined as “anything that may be subject to ownership, besides land”. Thus, the main foundation of physical property is that it can be moved, unlike land or real property.

What is business property?

These types of property can generate income for the owner, but they can also be subject to unauthorized use, theft, and infringement issues; Business Property: Business or commercial property is property that is owned by a business or a company.

How long does it take to resolve a dispute over property?

There are many other forms of property as well. Legal disputes over property can be complex, and can often take years to resolve (especially for larger plots of land).

What is the difference between a lawyer and an attorney?

In other words, it’s one thing to secure the so-called Juris Doctor degree - a graduate-entry professional degree in law - and another to pass the bar exam and practice law. So before we examine what the most interesting types of attorneys and lawyers are, it’s important to point out the difference between the two terms. An attorney is a lawyer, but a lawyer isn’t necessarily an attorney.

How much does a lawyer make?

We compared different types of lawyers and their salaries and found that medical lawyers earn the most. The average annual salary of a medical lawyer is over $150,800.

Why do people hire malpractice lawyers?

People who hire medical malpractice lawyers have most often suffered a personal injury due to an error made by a medical professional. Any harm caused by inappropriate treatment, negligence, botched surgery, or misdiagnosis falls under the practice of these types of attorneys. A malpractice lawyer can also represent health professionals when charges are brought against them, and they are usually employed directly by the medical facility where said professional works.

What is a business lawyer?

Business lawyers or corporate lawyers ensure that all operations of an individual company are conducted within the legal framework of local, state, and federal laws. A business lawyer is involved in everything from liability and intellectual property disputes to mergers and revising all sorts of legal documentation.

What do immigration lawyers do?

Immigration lawyers deal with individuals and entire families who are trying to acquire US citizenship. They provide advice on how to live and work in America legally. Immigration lawyers also work with political refugees and asylum seekers. Moreover, many employers and employees use immigration lawyers to help them obtain work visas. While this isn’t one of the highest-paid types of lawyers, helping people find a better life in the US can be fulfilling work.

Why do lawyers work for environmental organizations?

While these are not the types of lawyers that make the most money, most professionals in the field enjoy doing their part to save the planet. These lawyers work with various government organizations, citizens, and businesses to help them avoid further environmental damage in their actions, or pursue justice for the harm that has already been inflicted.

How many lawyers are there in the US?

According to the latest statistics, there were 1.33 million lawyers in the US alone. Among this vast array of legal minds are diverse types of lawyers who work across several categories of the law business. The following article covers a dozen different jobs for lawyers that can serve as a useful starting point to anyone searching for a legal practice.

What to do when neighbors have different understandings of where the boundary line is?

When you realize that you and your neighbor have different understandings of where the boundary line is, you should be proactive. Schedule a real discussion, where each of you brings your various legal documents, largely from the home transfer and title insurance files — deeds, plat maps, and property surveys —to the table.

How to file a lawsuit against a neighbor?

Be ready for your neighbor's defenses, and review the strength of your possible responses before you decide to file a lawsuit. A neighbor's most likely defenses with regard to a boundary dispute might include: 1 You have the facts wrong, or have incorrectly read the deed to your property. 2 Your neighbor owns the disputed property through adverse possession, a doctrine that allows someone who has used a piece of property without the owner's objection for a statutorily prescribed number of years to gain ownership over it. 3 Property use established a prescriptive easement, authorizing your neighbor to come across your property. 4 You gave consent to use your property. 5 You waited too long file a lawsuit, and the statute of limitations (the allowable time within which to file) ran out.

What to do if your deeds are unclear?

If your deeds or existing surveys are unclear, you and your neighbor might agree to hire a land surveyor to give you an objective report regarding the property boundaries. If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor.

What is boundary dispute?

A boundary dispute might be a question of confusion or uncertainty. Perhaps neither you nor your neighbor has ever really looked at your respective deeds, and both had different assumptions about the extent of your property. A boundary dispute can also be for technical reasons; perhaps your neighbor's deed actually shows possession ...

What is declaratory judgment?

This is a way to put your dispute in front of a judge, who will make a legal determination as to whether or not you own the subject land. A declaratory judgment is, perhaps, a less aggressive form of litigation, since it does not ordinarily include an award of money damages (unlike trespass).

What to do if factual information isn't resolving the dispute?

If factual information isn't resolving the dispute, you might also hire a mediator to facilitate a negotiation between you and your neighbor. The mediator will help you generate options that would not be possible in court — for example, perhaps there is an imaginative way of renting or sharing the disputed land that would leave both of you better off.

How is client review rating determined?

The Client Review Rating score is determined through the aggregation of validated responses. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals.

Who Can Be Involved in A Property Dispute?

What Are Some Common Types of Property Disputes?

What Is A “Cloud” on Title?

• Generally speaking, a “cloud” on titlerefers to any irregularity or outstanding claim in the chain of title to the property. Usually this means that there is an unresolved claim, a lien, or some other encumbrance on the property that would prevent transfer of ownership from one party to another. Clouds on title are usually found during a title sear...

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What Remedies Are Available For Property Disputes?

Do I Need An Attorney If I Have A Property Dispute?