Dan W. Armstrong’s Answers

Dan W. Armstrong

Ponte Vedra Beach Estate Planning Attorney.

Contributor Level 14
  1. How long before I receive a deed?

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Lucreita D. Becude
    3. Ayuban Antonio Tomas
    3 lawyer answers

    Do you really mean you the Probate matter has preceded and the court has discharged the Personal Representative who has administered the probate? That would reflect a conclusion. Part of any matter in probate is dealing with any property that is in the Estate. The attorney normally transfers by some type of deed under the authorization of the Personal Representative the property. In Duval Co in Florida the judge is swift in his calendar and this matter could take 1-2 weeks normally. The...

    2 people marked this answer as helpful

  2. Can an 80 year old father take the resposibility of taking care of his son with Alzheimer's disease?

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Ayuban Antonio Tomas
    3. Glenn A Jarrett
    3 lawyer answers

    His daughter can not force you to care for your husband son especially at his age may not prove to be a prudent decision based on his health. There are other alternative that can be discussed by seeing an elder law attorney in your area. A guardianship may be suggested as a resolution with another family member as the guardian or a professional guardian appointment. Your husband’s son probably requires residency at a memory care unit or at least that alternative needs to be discussed. See...

    2 people marked this answer as helpful

  3. I need some information on probate with no will and an estate on debt?

    Answered over 4 years ago.

    1. Ayuban Antonio Tomas
    2. Dan W. Armstrong
    3. Blaise E. Picchi
    3 lawyer answers

    The probate system has a bad reputation, as something always to be avoided. Like most institutions, the probate system is sometimes wrongfully criticized by those who are misinformed. Probate is the process by which a decedent’s bills are paid and property held in the decedent’s name alone are transferred by court authorization, in accordance with the decedent’s will, if there was one, or by general law if no will is found. Contrary to what some people think, if you don’t have a will, the...

    1 lawyer agreed with this answer

  4. I may have signed a non compete at the age of 15 (i am now 30). Is this something that can hold up in court?

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Jeffrey Lee Price
    3. Terry D. Aronoff
    3 lawyer answers

    You signed a contract at a very young age. I would allege a defense to this contract because you were only fifteen. Because you were a minor you were incapacitated because of your age, thus you do not have the capacity to enter into any contact. Although there a contractual rights for a minor for a very limited few cases which I will not go into these exceptions. This contract was illegal but it must be proved by you since you are asserting the illegality defense. Normally covenants not to...

    1 lawyer agreed with this answer

  5. Guardianship Question

    Answered over 4 years ago.

    1. Dan W. Armstrong
    1 lawyer answer

    If you have been appointed the guardian of the child then you have the right to make decisions for the child. That would include the child’s environment i.e. people that see. 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...

    Selected as best answer

  6. How long do you have to file probate for an estate?

    Answered over 4 years ago.

    1. Dan W. Armstrong
    2. Mark Allen Ziebold
    3. Sheila Jeanne Kelly
    3 lawyer answers

    In most states, there are statutes that allow interested parties to file probate. If she does not file, she is risking having someone else file first, and then she will have additional issues to deal with. See an elder law attorney, since this subject can be complex and other issues are created that you may need to be informed about.

    5 people marked this answer as helpful

  7. When a life estate in a home is created in a will,when may the life estate live in the home or have to wait till probate is over

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. M Daniel Sasso
    3. Joseph Franklin Pippen Jr.
    4. James Brian Thomas
    4 lawyer answers

    Once the PR is appointed, they can communicate to the holder of the life estate to receive the property. I would suggest that you consult with an attorney to insure your interests and know your rights and responsibilities and extent of the ownership. 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...

    1 person marked this answer as helpful

  8. Trust damages

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Eliz C A Johnson
    3. Michael I Burstein
    3 lawyer answers

    If you are the trustee you have earlier accepted fiduciary responsibilities under the law. You state that there has been a breach of fiduciary responsibilities. To address your personal liability and or criminal liability, see a trust attorney now if you are the trustee or successor trustee. If you are neither but only an interest beneficiary of the trust see a trust attorney to preserve your interests. See an elder law attorney since this subject can be complex and other issues are created...

    1 person marked this answer as helpful

  9. Getting a copy of a deed

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. James Brian Thomas
    3. Steven J. Fromm
    3 lawyer answers

    In Florida there is no property transfer until the deed is recorded and the recordation date is the transfer date. You would have to file a valid deed in the county of the location of the property to benefit you. I will not discuss this further since you are sensitive to open up a further candid discuss in this venue. Since the attorney that may have the deed in the file has no obligation to you as a client I suggest that you contact a probate attorney in the county of the decedent...

    1 person marked this answer as helpful

  10. If a parent is hospitalized and cannot communicate, can their children get power of attorney and access their medical records?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Eliz C A Johnson
    2 lawyer answers

    An Elder Law attorney can visit your parent in the hospital and determine if the parent has capacity to sign a Durable Power of Attorney. If not the same attorney can explain the guardianship process which will allow someone to have legal control of your parent’s property and themselves. If you wish a free consult on this matter, call our Jacksonville area office for an appointment to discuss this further. See an elder law attorney since this subject can be complex and other issues are...

    1 person marked this answer as helpful