Carl Randolph Coleman’s Answers

Carl Randolph Coleman

Jacksonville Estate Planning Attorney.

Contributor Level 8
  1. How to handle business affairs after a loved one pass away

    Answered over 1 year ago.

    1. Astrid de Parry
    2. Carl Randolph Coleman
    3. Carol Anne Johnson
    3 lawyer answers

    As previously expressed, take some time to deal with your grieving first. All of your loved one's assets are likely to stay in place until proper action is take by a party with the legal right to handle the affairs of the deceased loved one. If there is no will, it is necessary that you file a probate action so that proper title to all of the assets will be transferred to the proper person(s). If you are the next of kin, or a person interested in the affairs of the decedent, you will, or...

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  2. We are taking care of my father, who is ill. We wanted to know, when we have to put him in a nursing home willthey take his home

    Answered 5 months ago.

    1. Carl Randolph Coleman
    2. David Michael Goldman
    3. Peter N Munsing
    4. Grady H Williams Jr.
    4 lawyer answers

    In Florida, the primary residence (the "homestead") is exempt from claims of creditors, including Medicaid, even when the owner is residing in a nursing home, so long as there is an "intent to return to the homestead" should the nursing home resident recover. The "intent to return" is presumed unless there are facts and circumstances that suggest otherwise. If the home is transferred to another person(s), the transfer will likely result in a penalty period during which no Medicaid benefits...

    3 lawyers agreed with this answer

  3. We have questions about paying for assisted living facilities for our mother who is having memory problems.

    Answered about 3 years ago.

    1. Carl Randolph Coleman
    2. Maryellen Sullivan
    3. Marva Lynn Wiley
    4. David L. Carrier
    4 lawyer answers

    There are a number of options available for spending down your mother's remaining assets so that she can qualify for Medicaid benefits. Some, such as the earlier recommendation to consider a pre-paid funeral contract, are relatively easy to implement. Others are more complex and you should consider retaining a Florida elder law attorney to assist you. One issue you will want to consider is that there are limited Medicaid benefits for assisted living facilities in Florida. Most of the...

    2 lawyers agreed with this answer

  4. I live in Florida, what is the difference between an Unlimited POA, and a Durable Unlimited POA (effective immediately)?

    Answered about 2 months ago.

    1. John Gillespie
    2. Carl Randolph Coleman
    3. Joseph Franklin Pippen Jr.
    4. Charlotte Angie Erdmann
    4 lawyer answers

    Pursuant to the Florida Statute governing powers of attorney (Fla. Stat. 709.2201 - 2202), if the person giving the power of attorney wants certain specific powers to be included and effective for the power of attorney, there is a specific requirement of inclusion of those powers (i.e., signed in the margin of the paragraphs providing for those powers). The manner in which a power of attorney is signed is of significance as well. You can find more information about durable powers of...

    1 lawyer agreed with this answer

  5. I have an estate valued at roughly $1,000,000. I 'm ill and don't want nursing homes to get my money. What are my options?

    Answered over 5 years ago.

    1. David Michael Goldman
    2. Douglas Ron Coenson
    3. Carl Randolph Coleman
    4. Lucreita D. Becude
    4 lawyer answers

    You may have a number of options. The option of choice will be the one that best fits your circumstances and those of your family members. I will assume from your question that you objective is to qualify for Mediciad Institutional Care Benefits as the earliest appropriate time, and avoid the unnecessary spend down of your personal assets, preserving as much as you can for your own needs, and those of your family. Medicaid eligibility is based on two primary criteria - that your income...

    1 person marked this answer as helpful

  6. In filing for " Custody by family member w consent", Does it require both parties financial affidavit?

    Answered about 4 years ago.

    1. Carl Randolph Coleman
    1 lawyer answer

    The financial affidavit required will be yours, since you are the person seeking custody. What you are actually seeking to do is become the guardian of the person and property of your little brother. There is a court supervised procedure for doing that and your father's consent will be helpful, but if he is incapacitated and unable to care for your little brother, then his cooperation is not absoutely necessary. If you step-dad needs assistance with caring for himself, as well, you may also...

  7. My father passed away, how can his family gain access to his checking account?

    Answered over 5 years ago.

    1. Carl Randolph Coleman
    2. Brian Charles Perlin
    3. Bert Z. Tigerman
    3 lawyer answers

    In Florida, if the bank account is in your father's name alone, and its value is less than $75,000, and your father's estate has no outstanding creditor claims, then you can use a simplified probate procedure call "summary probate administration." In a summary administration, a simple petition, signed by all of your father's heirs, or with waivers from heirs who will waive their right to participate in the checking account, is filed with the court and an order is entered immediately directing...

  8. My dad has a life estate from my grandmother sh has two other children named as remainderman can dad trans. to me when he dies

    Answered over 5 years ago.

    1. David Michael Goldman
    2. Carl Randolph Coleman
    3. Hannon Taylor Ford
    3 lawyer answers

    Typically, a life estate ceases upon the death of the owner of that life estate, and there is no interest that can be transferred upon the death of the life tenant. All interest in the real property involved with a life estate transfers to the remainderman upon the death of the life tenant. As previously suggested, it is highly encouraged that you have the language of the deed reviewed to ensure that your father's interest is actually a life estate rather than an enhanced life estate, or...

  9. What happens if someone doesn't follow Florida's probate laws?

    Answered almost 6 years ago.

    1. David Michael Goldman
    2. Carl Randolph Coleman
    2 lawyer answers

    Florida Statutes do require that a will be deposited with the court clerk within 10 days of the date of death. In most cases there will be no penalty if there is a reasonable delay in depositing the will. However, a willful refusal to deposit the will when there is a need for a probate may result in a court finding the person with possession of the original will in contempt of court for failing to follow its order to deposit the will. Potential repercussions for failure to deposit the will...