Dan W. Armstrong’s Answers

Dan W. Armstrong

Ponte Vedra Beach Estate Planning Attorney.

Contributor Level 14
  1. How do I find out if I am tom inherit anything from my grandfather's will?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Daniel Todd Fleischer
    3. Thomas C Valkenet
    3 lawyer answers

    It seems a little tardy on your part at this time but go to the Clerk of the Court office in the county of the decedent residence. They may have a probate dept. Ask the Clerk to pull the file under the decedent name. It is public information. You can also have the Clerk copy any pages of the Last Will & Testament for $1 per page for your personal records. That Will will answer your questions as to any inheritance that he may have given you. See an elder law attorney since this subject...

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  2. My lawyer has been disbarred. Do I need to get my living trust rewritten?

    Answered about 4 years ago.

    1. Dan W. Armstrong
    2. Ruth Elaine McMahon
    3. Ayuban Antonio Tomas
    3 lawyer answers

    The disbarment of your attorney who created your Trust does not invalidate your Trust at all. I would suggest that you allow another new attorney review and suggest that you see an Elder Law attorney who focuses on trusts for clients of your generation who look at your estate holistically to protect you and your heirs. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that...

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  3. Are there special forms needed to set up a by-pass trust?

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Douglas Ron Coenson
    3. Justin Jay Watling
    3 lawyer answers

    Before you have some personally liability and breach a fiduciary Personal Representative/trustee responsibility you should scone a Probate/Trust attorney in GA preferably one in the county where your uncle resided. Certain probate matters need to be dealt with before administering a trust. Normally the Will and death certificate should be filed, along with a Notice of Trustee Acceptance and Notice of Trust in Florida before any trust administration is done. If you think this post was...

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  4. What forms do I have to file with the court to dissolve A guardianship now that my son is 18?

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. John Arthur Smitten
    3. Ayuban Antonio Tomas
    3 lawyer answers

    I am surprised you were not ordered to file annual accounting of the assets, but that could be because of the amount of the funds. A Petition for Termination of Guardianship with an accompanying Order will accomplish your need. The Petition will have to state the reasoning for the termination, i.e. he is over 18, and he has regained capacity, i.e. mental or physical. I hope this helps. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! My comments...

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  5. How to make a claim against an estate?

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Douglas Ron Coenson
    2 lawyer answers

    The Caveat is mandatory since this will require the Clerk of the Court to notifiy you when the probate process is begining. In fact the court will not admit the Will of the decdant to probate or appoint a personal represetnative to the esttae until you have been serve by formal Notice of the probate procedure begining. Once the personal represetnative has been appointed you must file your creditor claim wit the court normally within 3 months to insure the claim is valid. You shoud see a...

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  6. Father died left his property to children on the will but we do not have the deed

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Blaise E. Picchi
    3. James S. Tupitza
    3 lawyer answers

    Prior answers are correct; the deed is available to you by just visiting the county property records at the county courthouse. The fee will just be a nominal per page copy charge. That will confirm who is on the deed. If your father is on the deed solely or as joint tenants with his brother the resulting transfer of the property per your fathers Last Will & Testament upon probate will normally pass the property that your father owned to his children. I suggest you get a copy of the Will and...

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  7. Friend died January 09 left me money as a gift. Will out of probate in feb10. How long do I wait to question the executor

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Thomas Michael Bates
    3. Daniel Todd Fleischer
    3 lawyer answers

    Yes you have every legal right to know the events in the administration of this estate. Estates must be completed in FL within 12 months uless the court gives permission otherwise. Normally once the Creditors Notice has been published, 3 months will pass and the known creditors are known and paid off first before any distribution is made to any heirs. I do suggest that you go to the Clerk of the Court where the decedant residented and read and or copy the docuemtns that have been filed to...

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  8. Can others be listed in a trust if the net assets are to be distributed to the settlers two children?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Seth William Goettelman
    3. Henry Daniel Lively
    3 lawyer answers

    When I speak to successor trustees, I cover the following dos and don’ts. If you feel they are not following these suggestions you must contact an attorney otherwise you are not insuring your inheritance rights. Here are nine do's and one don't to get you started: 1. Do read the trust document. It sets out the rules under which you will operate, so you need to understand it completely. 2. Do create a checking account for the trust. All income and expenses should go through this account....

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  9. In Florida, how do I establish a pre-need or standby guardianship over my elderly mother?

    Answered about 4 years ago.

    1. Dan W. Armstrong
    1 lawyer answer

    I suggest now that your mother while she has the mental capacity to sign an dhave the following estate planning documents; POWER OF ATTORNEY- An instrument in writing whereby one person, as principal, appoints another as his agent and confers authority to perform certain specified acts or kinds of acts on behalf of principle. The "Power" becomes a DURABLE POWER OF ATTORNEY when person executes a power of attorney, which will become or remain effective in the event, he or she should later...

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  10. What is the difference (if any) between a Family Trust and a Living Trust? Are they the same?

    Answered almost 4 years ago.

    1. Dan W. Armstrong
    2. Mohammad Ahmed Faruqui
    3. Roy Wayne Litherland
    3 lawyer answers

    They can be the same and many times they are. You must look at the language in the trust document to be sure. The trust is an enormously flexible vehicle for all kinds of legal maneuvers. In the typical “revocable living trust”, the settler (one who makes a trust) appoints himself as trustee until his death, disability, or resignation, and then appoints a successor trustee or trustees to manage trust property and dispose of it by giving the settler the use of the property during his period of...

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    1 person marked this answer as helpful