Frequent Questions

SOUTHEAST TENNESSEE LEGAL SERVICES

 

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Sequatchie Valley (southeasttennessee.com)

Questions Frequently Asked by Seniors
Source: AARP

Click on a question to get the answer.

 #1: I am not satisfied with the work done by a home improvement contractor. What are my rights?

 #2: When can I cancel a contract I have already signed?

 #3: How does a prepaid funeral contract or burial trust fund work?

 #4: I paid for auto repairs and my car still isn't working properly. What rights do I have?

 #5: My new car has continually given me trouble. Can I return it and get another one?

 #6: I ordered something by mail two months ago, and I still have not received it. What can I do?

 #7: I received something in the mail that I did not order. Do I have to send it back?

 #8: My dentures do not fit properly. I have gone back to my dentist several times, and I am still not satisfied. What can I do?

 #9: How long should I keep canceled checks and receipts?

 #10: I have the basic cable service in my area. The cable company has notified me that they are adding new stations to the basic service and charging an increased fee. Do I have to pay for the extra stations if I don't want them?

 #11: I received a bill that has a mistake in it. How can I get it straightened out?

 #12: I am being billed by a doctor for the balance over what my Medicare (and supplemental insurance) will pay. I cannot afford to pay. What should I do?

 #13: My spouse died recently. All our property was jointly owned. I am receiving medical bills I did not authorize. Am I required to pay these bills?

 #14: Can a creditor attach my Social Security or private pension benefits?

 #15: My spouse and I cosigned a loan for our son. Without our knowledge, he stopped making payments on the loan. We did not receive any notice that the loan was in default until the creditor sent the loan to a collection agency. Now we have a bad credit rating. Shouldn't the creditor have given us some sort of notice before this matter went to collection?

 #16: Can I file for individual bankruptcy without having to add my spouse to the petition?

 #17: What assets are in the bankruptcy estate when only one spouse files for bankruptcy?

 #18 What can I exempt from the bankruptcy estate?

 #19: What is an "automatic stay" in bankruptcy?

 #20: Is it possible to get relief from the automatic stay?

 #21: The hospital told me that Medicare will no longer pay for my hospital stay. What should I do?

 #22: How can I pay for long term nursing home care?

 #23: Is it possible to set up a trust for a person receiving Medicaid without jeopardizing his or her eligibility?

 #24: Is it true that a nursing home resident must sell his or her home?

 #25: Is it legal for a nursing home to require me to have a responsible party, sponsor or guarantor sign the admission contract?

 #26: Is it legal for a nursing home to require me to pay private pay rates for a certain period of time before converting to Medicaid?

 #27: If I am a private-pay nursing home resident, can the nursing home transfer or discharge me if I become eligible for Medicaid?

 #28: How many beds in a nursing home are designated "Medicaid beds," and how can I know when one becomes available?

 #29: Am I liable for Social Security contributions for a person providing me with home health care services?

 #30: How will my pension affect my ability to collect unemployment compensation benefits?

 #31: Can I break a written lease before the term of the lease has expired?

 #32: Can I get all or part of my security deposit returned before my lease ends?

 #33: How do I get my security deposit returned to me?

 #34: How much of a security deposit can my landlord require?

 #35: May a landlord apply a security deposit to rent owed as well as to damages to the property?

 #36: I want to evict a tenant. How do I go about doing so?

 #37: I am a tenant in subsidized housing. Can I be charged more than 30% of my monthly adjusted income for rent?

 #38: I am selling my house. Do I need a lawyer to represent me at the closing?

 #39: I signed written contract to sell my home, and now the buyers are not going through with the purchase. May I keep the deposit they gave to me?

 #40: What types of transfers are exempt from state and local real estate transfer taxes?

 #41: I own property in a bad neighborhood that I have been unable to sell. It's vacant and dilapidated, and I have not paid taxes on the property for several years. I received a letter from the local tax collector threatening to come after me personally for the tax. Is this allowed?

 #42: I recently received a notice from the tax collector stating that I owe property taxes from 20 years ago. I have always paid my taxes, and I have never been notified of any unpaid taxes. I no longer have any records from that far back. Do I have to pay the taxes?

 #43: I paid off my mortgage six months ago. The bank was supposed to file the notice of satisfaction immediately and added a charge to my closing balance to do so. I just found out that the notice of satisfaction was never filed. What can I do?

 #44: Do my children have a legal responsibility to support me?

 #45: Am I responsible for the debts of my spouse even if I did not get any benefit from the items?

 #46: How will my divorce affect my pension benefits?

 #47: My spouse and I are getting a divorce and cannot agree on how to divide our property. How will the court divide our property?

 #48: My spouse and I are getting a divorce. Is it true that I must be totally unable to support myself to receive alimony?

 #49: Our son and his wife are getting a divorce. Our daughter-in-law has threatened to prevent us from seeing our grandchildren. Do we have a legal right to see our grandchildren?

 #50: Do I have to leave something in my will to my children?

 #51: Can a beneficiary of a will also be a witness to the will?

 #52: Can a beneficiary of a will also be an executor (personal representative) of the will?

 #53: What are the duties of an executor of a will and who should I select?

 #54: How can I change my will?

 #55: Are wills required to be registered?

 #56: Where is the best place to keep a will?

 #57: If the witnesses to my will are dead, is my will invalid?

 #58: What is a self-proving will, and is it necessary to have one?

 #59: When is someone mentally incapacitated to make a will?

 #60: Is a will executed in another state valid in this state?

 #61: What are the requirements to execute a valid will?

 #62: Are handwritten or oral wills valid?

 #63: Can I make a will in this state if I own property in another state?

 #64: What are the differences between "and" and "or" bank accounts?

 #65: What are the differences between tenants in common and joint tenants with rights of survivorship?

 #66: Is it a good idea to add a child's name to the deed to a family home?

 #67: Is it better to have the family automobile titled to one spouse or to both spouses?

 #68: I had my son's name on a joint bank account, although all of the money in the account was mine. My son died. Must I pay inheritance tax on my own money?

 #69: My husband died a few months ago and his name is still on the deed to our home. Do I have to change the deed?

 #70: What is my share of my spouse's estate if my spouse dies without a will?

 #71: What is my share of my spouse's estate if I elect to take against the will of my deceased spouse?

 #72: Is there a simple way to administer an estate with minimal assets?

 #73: Do you need to have an attorney to settle a small estate?

 #74: I have heard that a living (inter-vivos) trust is a good way to avoid the costs of probate and inheritance taxes. Is it a good idea?

 #75: What is a durable power of attorney?

 #76: I want my daughter to take care of my affairs when I am no longer able to do so. How can I make sure she will be legally permitted to act for me?

 #77: What are the benefits of a durable power of attorney?

 #78: If I have given someone a durable power of attorney, will it still be necessary to have a guardianship proceeding if I become incapacitated?

 #79: How do I revoke a power of attorney?

 #80: Can an attorney-in-fact under a durable power of attorney be forced to act, even if he or she does not want to do so?

 #81: Can a bank or other institution refuse to honor a valid power of attorney?

 #82: If I give a power of attorney to another, do I give up the right to manage my own affairs?

 #83: Is a living will valid?

 #84: Is there inheritance tax to the remainderman on the death of a life tenant in real estate?

 #85: Must I pay inheritance tax when my spouse dies?

 #86: I was injured as a result of the negligence of a government employee. Can I sue the government?

 #87: Am I liable to a worker injured in my home while providing home health care to me?

 #88: Can I force a neighbor to cut down the branches of a tree hanging over my property?

 #89: Can I force a neighbor to pay for cleaning out my gutters that are clogged with leaves from his or her tree?

 #90: Can I go onto my neighbor's property to perform needed repairs to my own property, even without his or her consent?

 #91: My neighbor has put up a fence that goes over my property. What can I do?

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