Dan W. Armstrong’s Answers

Dan W. Armstrong

Ponte Vedra Beach Estate Planning Attorney.

Contributor Level 14
  1. Why do experts recommend having a separate land trust for each investment property?

    Answered over 3 years ago.

    1. Teri A. Walter
    2. Dan W. Armstrong
    2 lawyer answers

    The prior attorney answered your question well. Any change will increase your risk to all beneficiaries and the trustee(s). 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...

    1 person marked this answer as helpful

  2. My mother passed away Aug. 28. 2010. I have not seen her will.

    Answered over 3 years ago.

    1. Daniel Todd Fleischer
    2. Dan W. Armstrong
    3. Joseph Warren Cannon Boyles
    3 lawyer answers

    See a probate attorney to insure that you have preserved your inheritance. Many things seem very strange from your facts. One thing I know is that the holder of your mothers Will on notice of her death MUST file the Will in the country clerk’s office in the county of her residence within 10 days …..here in Duval county…. I surmise. Once that is done and you can see the Will and determine your position with legal counsel. See an elder law attorney since this subject can be complex and...

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  3. How can I get title insurance on real estate I recently foreclosed on and want to resell when a will has not been probated?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    1 lawyer answer

    Go back to your attorney and get title insurance to insure a marketable title in the future. Your attorney will be able to determine based on other facts that you have not reveal as to whether the property must be probated. You have foreclosed on the mortgage not necessarily the property although normally mortgages and property trail one another. Your attorney can explain in more detail since he knows the facts not reveal in your question. See an elder law attorney since this subject can...

    1 person marked this answer as helpful

  4. Financial elder abuse?

    Answered over 3 years ago.

    1. Susan Michals King
    2. Dan W. Armstrong
    2 lawyer answers

    I concur with the above attorney. 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...

    1 person marked this answer as helpful

  5. Do i need to refiance or since this is a probate matter the mortgage allows me to assume the loan

    Answered over 3 years ago.

    1. Dan W. Armstrong
    1 lawyer answer

    Any encumbrance, i.e. mortgage will naturally follow any transfer of property in this matter. I suspect that the PR does not have legal counsel in the administration of this probate. I suggest that in this standstill have your attorney contact the PR and or the PR’s attorney and explain the matter to them otherwise your attorney may wish to Petition the court for the execution of the PR deed to transfer the property to you. Of course the mortgage would go along with it. You can then at that...

    1 person marked this answer as helpful

  6. Can an older sibling be a co-guardian?

    Answered over 3 years ago.

    1. Evelyn Watts Cloninger
    2. Dan W. Armstrong
    2 lawyer answers

    The legal qualifications and considerations of who may be appointed a guardian for the ward are designated by statute FSA 744.309. Normally anyone who is 18 yrs or older. A non resident may be appointed only if related to the ward in 4 ways; lineal consanguinity, legally adopted child or adoptive parent, s spouse brother, sister uncle aunt niece or nephew of the ward or is related by lineal consanguinity to such a person or a spouse of any of the above. See an elder law attorney since this...

    1 person marked this answer as helpful

  7. Is there a difference between a Durable Power of Attorney and a Special Power of Attorney?

    Answered over 3 years ago.

    1. Evelyn Watts Cloninger
    2. Dan W. Armstrong
    2 lawyer answers

    Durable Powers of Attorney/Health Surrogates A power of attorney (“POA”) is a vehicle whereby one may authorize another person to act in one’s behalf. By placing certain language in the power of attorney, the document becomes a “durable power of attorney”, and thereby one may authorize any person to act on one’s behalf, even though one is disabled. By signing a durable power of attorney, one can avoid or at least minimize the risk of a guardian being appointed. A separate Health Care...

    1 person marked this answer as helpful

  8. My husband died without a will. He did not own any property. He did have bank account with money in it. Do I need a will ?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Joseph Franklin Pippen Jr.
    3. Theodore Lyons Araujo
    4. Geraldine Anne Brown
    4 lawyer answers

    Probate laws are state specific. I am licensed in Florida. You do not need a Last Will and testament to probate your husband’s estate. The state of Florida determines the beneficiaries for a descendant who had no Will. If you are the surviving spouse, you may be the sole beneficiary. See a probate attorney now to insure your inheritance quickly. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website...

    1 person marked this answer as helpful

  9. I am trying to start a small private film production company. not sure the difference between s corp/ LLC/ corporation?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Marshall C Deason Jr.
    3. Charles Alexander Naegele
    3 lawyer answers

    “S” class refers to the IRS classification of any corporation that its shareholders elect to be determined by the IRS has “S” class, i.e. shareholder status not to be taxed as a corporation but allow the distributions to shareholders pass through the corporations untaxed directly to the shareholder via an IRS1099 form and then the shareholder then pay the tax on the amount received on their individual rate. This in FL it is preferential to have an LLC and immediately after formation have all...

    1 person marked this answer as helpful

  10. Inherited property via Will, but no deed. How do I obtain a deed?

    Answered over 3 years ago.

    1. Jeffrey Scott Goethe
    2. Evelyn Watts Cloninger
    3. Dan W. Armstrong
    3 lawyer answers

    The two above attorneys have answered your questions as I would have answered it. In our practice of probate our office normally would have the personal Representative sign a Personal Representative Deed and file that document thus passing the property from the Estate to the appropriate beneficiary 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...

    1 person marked this answer as helpful