Sabina Tomshinsky’s Answers

Sabina Tomshinsky

Gainesville Divorce / Separation Lawyer.

Contributor Level 15
  1. My father died last week . he was married to a women who is not my mother. there was no will. am I entitled to anything

    Answered 8 months ago.

    1. Sabina Tomshinsky
    2. Debra G Simms
    3. David Michael Goldman
    4. Betty Elaine Jones
    5. Barry Evan Haimo
    6. ···
    7 lawyer answers

    If your father's spouse was on the deed, which can be determined by checking the public records of the county where the house was located, then the remaining owner, the spouse will get the house. Also, if she was not on the deed, she will have a life estate (or a right to reside at the house for the rest of her life) and after her passing the home would revert back to your father's heirs, which is you. As to all other assets which did not contain your father's spouse as a beneficiary or did not...

    15 lawyers agreed with this answer

  2. How do I obtain power of attorney for my son who is in the hospital in a coma? What are my legal rights as his mother?

    Answered about 1 year ago.

    1. Sabina Tomshinsky
    2. Drew Norman Early
    3. Joseph Franklin Pippen Jr.
    4. Gary Roger Waitzman
    5. Barry Evan Haimo
    6. ···
    7 lawyer answers

    Since your son is in a coma and not able to designate you as his attorney-in-fact and his health care surrogate, you would need to commence a guardianship proceeding to become your son's plenary guardian. You should consult a guardianship attorney in your area right away.

    12 lawyers agreed with this answer

  3. What is required for a living will to include the following?

    Answered about 1 year ago.

    1. Sabina Tomshinsky
    2. Mark Russell Lewis
    3. David Michael Goldman
    4. Carol Anne Johnson
    4 lawyer answers

    I assume your inquiry is about requirements for drafting a last will and testament. Your wife should really consult with an estate planning attorney to discuss in greater detail her estate planning goals and best ways in which to achieve them. Also, the will may contain language where your wife appoints you as the guardian of her children. However, generally, the surviving (biological) parent gets custody upon the death of the "custodial" parent unless that other parent is somehow unfit and/or...

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  4. What if estate is empty?

    Answered about 1 year ago.

    1. Sabina Tomshinsky
    2. Joseph Franklin Pippen Jr.
    3. Gary Roger Waitzman
    3 lawyer answers

    You need to consult with a probate attorney. The estate debts are only paid to the extent of the available estate assets. Consequently, the personal representative pays the creditors of an insolvent estate pro rata pursuant to the priority order per the Florida Probate Code. Good luck!

    10 lawyers agreed with this answer

  5. Family Will

    Answered 9 months ago.

    1. Sabina Tomshinsky
    2. Darren Michael Stotts
    3. David Michael Goldman
    4. John Arthur Smitten
    5. Shelley Ann Elder
    5 lawyer answers

    It would be prudent for you to consult with a probate attorney about protecting your interests as the beneficiary of your parents' estates. Beneficiaries do have rights, among which is the right to proper, efficient and prompt administration. You may also want to ask your sister for an accounting, to which you may also object. If your sister is administrating your parents' estates improperly, you do have the right to petition the Court to remove her as the personal representative. However, I...

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. I have a will and a trust and I want to change who the beneficiary is.

    Answered 11 months ago.

    1. Sabina Tomshinsky
    2. David Michael Goldman
    3. Hollyn June Foster
    3 lawyer answers

    It is prudent to have an attorney who practices in the area of estate planning review all your current documents and advise you accordingly on the proposed modifications and draft and execute the new instruments reflecting the requested changes.

    9 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My mother lived in Texas and passed away she left a will and a power of attorney. Does that power of attorney continue after dea

    Answered 3 months ago.

    1. John Gillespie
    2. Sabina Tomshinsky
    3. Arthur Harold Geffen
    4. David Michael Goldman
    4 lawyer answers

    In Florida, a power of attorney expires at death of the principal and the agent may no longer act on behalf of the principal and the will would then take over.

    9 lawyers agreed with this answer

  8. Can I make a will for my sister in law?

    Answered 8 months ago.

    1. Sabina Tomshinsky
    2. Carol Anne Johnson
    3. David Michael Goldman
    4. Harley Herman
    5. Michael Alfred Hollander
    6. ···
    6 lawyer answers

    Your sister in law should definitely consult with an attorney about a will. You should not prepare one for her and should not even actively participate in making this happen to ensure that her will would not be subject to a challenge in the future. Also, as to a power of attorney, again, that same attorney who your sister-in-law would consult about a will should be able to prepare for her a power of attorney as well.

    9 lawyers agreed with this answer

  9. Am I responsible for my wife's medical bill after she passed away. She had health insurance but it doesn't pay the deductables

    Answered 12 months ago.

    1. Sabina Tomshinsky
    2. Ruth Elaine McMahon
    3. Lawrence Jay Davis
    3 lawyer answers

    You are not personally responsible for the debt of the decedent (unless you personally guaranteed them). You should consult with a probate attorney on the next steps that must be taken to properly close out your wife's final affairs.

    9 lawyers agreed with this answer

  10. What do i do if im buying a house from someone and he dies with no will or relatieves

    Answered about 1 year ago.

    1. Sabina Tomshinsky
    2. Richard Allan Heller
    3. Robert Jason De Groot
    4. Harley Herman
    4 lawyer answers

    The home should now belong to the seller's Estate and a probate proceeding would have to be opened to have a personal representative appointed who may sign the deed on behalf of the estate.

    9 lawyers agreed with this answer

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