Carl Randolph Coleman's Answers

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

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...

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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?

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...

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

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...

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

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...

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

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...

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

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...