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Dan W. Armstrong

Dan Armstrong’s Answers

403 total


  • My son, who was a Florida resident, passed away. No spouse-no children- no will. How do I, the Father, take posession of assets?

    assets are older car, some furniture, personal items. No home.

    Dan’s Answer

    Probate is a court-supervised process of gathering and distributing the decedent's assets. Florida law primarily establishes two types of probate administration: Formal Administration and Summary Administration. Florida law also establishes a nonadministration proceeding called "Disposition of Personal Property Without Administration."
    Probate resolves the affairs of a decedent and transfers assets to the proper beneficiaries. Florida law provides for all aspects of the probate process, but allows the decedent to make certain decisions by leaving a valid will. To the extent a will is valid, the will controls over the automatic provisions set forth under Florida law. In the absence of a valid will, Florida law designates the beneficiaries and designates the way to select the personal representative.
    The personal representative is the person or entity appointed by the court to administer the estate pursuant to Florida law. In almost all instances the personal representative must be represented by a Florida attorney because many legal issues arise, even in the simplest estate administration. The attorney for the personal representative advises the personal representative on rights and duties under the law, and represents the personal representative in estate proceedings. The attorney for the personal representative is not the attorney for the beneficiaries. A provision in a will mandating that a particular attorney or firm be employed as attorney for the personal representative is not binding on the personal representative.
    Florida law provides for three alternate procedures other than Formal Administration. Summary Administration is generally available if the value of the estate subject to probate in Florida is not more than $75,000 or the decedent has been dead for more than two years. Under Summary Administration, the persons who receive the estate assets remain liable for claims against the decedent for two years after the date of death. This period may be reduced by publishing notice in a local newspaper. Another alternative to Formal Administration is "Disposition Without Administration." This is available if estate assets consist solely of exempt property and non-exempt personal property, the value of which does not exceed the combined total of up to $6,000 in funeral expenses, plus the amount of all reasonable and necessary medical and hospital expenses incurred in the last 60 days of the last illness. The last alternative to Formal Administration is only available for decedents who were not Florida residents as of death.
    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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

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  • What came first...the Will or the Trust?

    Or does it only matter how good my Probate attorney is?

    Dan’s Answer

    I am not sure what specifically your question is asking. I hope the following helps. I’d offer you a free in office consult if your wish to discuss any matter more.

    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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • How to get papers from an attorney

    Is there a statute in Florida which states that an estate planning attorney MUST give a copy of estate planning documents after the grantor dies to the rightful beneficiary, who has legal title to a property through a trustee's distributive deed ...

    Dan’s Answer

    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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

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  • I WAS LEFT MONEY IN A REVOCABLE TRUST IN FLORIDA I LIVE IN CALIF HOW LONG CAN THEY TAKE TO PAY ME

    I HAVE ALSO FOUND ABOUT 35K IN OVER BILLING TO THIS ACCOUNT AND FOR THE MOST PART THEY FIX IT WHAT SHOULD I DO ABOUT WHAT I HAVEN'T FOUND TOTAL TRUST FUND 3/4 MIL

    Dan’s Answer

    Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn't receive) under a will, he or she may contest the will. Will contests can drag out for years, keeping all the heirs from getting what they are entitled to. It may be impossible to prevent relatives from fighting over your will/trust entirely, but there are steps you can take to try to minimize squabbles and ensure your intentions are carried out.
    Contact the Trustee and ask questions. You deserve an accounting of the trust.
    See an elder law probate 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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Parent dies without a will, debt is owed on home, kids live in home and don't pay mortgage. Kids do not go through probate.

    Any idea what happens next? Legally.

    Dan’s Answer

    The children should start looking for another place to live. I suspect the home is in some stage of foreclosure now. Anyone can initiate the probate and the most likely candidate seems to be the mortgage company to protect their collateral on the mortgage loan. If the children wish to probate and accept the mortgage they may be able to get the home passed to them via our Homestead law if it is determined to be the decedents homestead. In this case the home would pass outside of probate free from creditors except the mortgage company and pass directly to the children.

    See an elder law probate 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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • A health care surrogate with a section stating appointed guardian, does that give you legal rights after person has deceased ?

    I have had a power of attorney, a living will and a health care surrogate with a paragraph stating appointed guardian for my aunt that as passed away. Does that give me legal rights to be able to also do funeral decisions over anybody else ?

    Dan’s Answer

    At death the Power of Attorney, Healthcare Surrogate and Living Will terminates at death. After death the decedents Last Will and Testament becomes to be the issue.
    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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Can a large corporation force a non-compete (conflict of interests) clause on a non-contract employee?

    I work for an office supply store that subcontracts out its tech support to two third party service providers. The company merely acts as a scheduling agent. Since their pricing is uncompetitive I frequently found customers walking away from me ...

    Dan’s Answer

    Yes an employer can condition employment on a no compete agreement focused on the time, substance, and geography factors. Although FL is a right to work state, there can be conditions IF YOU AGREED. See an 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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • I just care about my SON, PLEASE...Is there an attorney in Florida that will help a small child with special needs?

    I am going through a divorce and just need to take care of a beautiful small child who needs someone looking out for HIS interests. I ran out of money and my lawyer dropped us. Isn't there anyone out there who is willing to help us??? PLEASE...s...

    Dan’s Answer

    Losing government aid can substantially reduce a disabled person’s lifestyle and cut off access to valuable programs that won’t accept private payments. As a lifetime or testamentary gift outright or through a support trust generally disqualifies a disabled person for valuable government benefits, lawyers should look to SNTs whenever a client may wish to provide for a disabled loved one. To be effective, SNTs must satisfy myriad complex rules. Therefore, SNTs should be drawn only by lawyers with expertise in government benefit law as well as trust, estate, and tax planning.

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  • Do I have a chance to get custody of grandaughter who is not in a stable innvirement. We go to court on the 6/09 for domestic V?

    Her father is remarried to a woman that is a syco. Between the mother who has a mental issuse and the child has been susppened from school 4 times this yr. she has to appear before a judge on the chrges against stepmother.I am afraid they the par...

    Dan’s Answer

    Grandparents have very limited rights in FL. At one time they had visitation rights but that was taken away. This is a guardianship issue. 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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Does a child who was given up at birth have a right when a family member passes to be included in a will, when it was mentioned

    all grandkids born at the time of the Wiil and any future ones born after and before the person passed.

    Dan’s Answer

    An adopted person is a lineal descendant of the adopted parent and is one of the natural kindred of all members of the adopting parents family, and is NOT a lineal descendant of her/his natural parents, not is he/she the kindred of any member of the natural parents family. Florida Statute 732.
    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 may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question