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Debra G Simms
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Debra Simms’s Answers

137 total


  • MY BROTHER DIED DOES HIS SON THAT WAS LEGALLY ADPOTED HAVE RIGHTS TO HIS ESTATE

    NO MORE DETAILS AT THIS TIME

    Debra’s Answer

    Yes, he does. He can inherit the same as a biological child if there is no will. If there is a Will, the Will controls.

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  • Legal resources for women?

    I have been a stay at home mom for 15 years and have 4 children. I have no income and need to separate from mentally ill husband. I have no financial resources, assets, savings or investments. Are there any services that can help me legally lea...

    Debra’s Answer

    I would call the emergency hotline for your area to find out about emergency housing for abused women. If you have access to any marital funds, make a withdrawal for your short term expenses and legal fees. You will need an attorney to obtain temporary and perhaps permanent support.,

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  • My mother passed away six months ago. I, as executor, need to probate her will/estate of her paid-for home.

    My daughters are equal beneficiaries of the home. We have divided all household items as per the will with only the house remaining. They want to sell the home worth about $45,000. Is her home considered exempt property? I have sent a copy of her ...

    Debra’s Answer

    As a Florida lawyer, certified in Elder Law, I recommend that you retain an attorney because even if it was mom's homestead, and exempt from creditor's claims, you will need to do a summary probate to pass title to your daughters or even to sell it. The statute you found does not apply as this is real estate and not personal property. Along with the petition for summary administration, you will need to file a petition to determine homestead. I would be happy to assist and I have in office in Lady Lake.

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  • My father passed away. is there a way my mom can get out of a mortgage for a property with killing her credit?

    They bought some property in TN for 65k and now nothing is selling in that area even for 20k. So she is REALLY upside down in the loan. She has about 8 years left on it but also has no desire to build anything on it since my dad is gone. Does s...

    Debra’s Answer

    Has she considered a short sale? You don't say how upside down, but maybe a refinance?

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  • How does my wife change her name?

    My last name is "XXXX-YYYY", because of Latin heritage I have my both parent's last names. My wife and I just want her to take my first last name without the second one. We did this with no problem on her social security card (XXXX) but when we tr...

    Debra’s Answer

    If you need to legally change her name, you must petition the court for a name change. Is there any reason why she can't just use the name she wants and all relevant legal documents, she can use AKA (also known as)

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  • How do I proceed to probate or collect the estate of my late husband? He passed in I999?

    I filed for probate in Campbell County KY soon after my late husbands death, I declared all assets and paid the court fee. I was told by a clerk the age of the will I would have to prove the will. I was unable to prove the will. I felt unable to p...

    Debra’s Answer

    If your husband was a resident of KY when he died then you need to reopen the probate there.

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  • How to get my green card, or to be able to work and study in the USA

    Hello ....I been married for 17 years to a US citizen who was in the US military while we were married,k now he retired 3 years ago, he never submitted my paper that I could could come to the US, Im in the USA with a tourist visa,,, but I really...

    Debra’s Answer

    I agree. You need to hire an experienced immigration lawyer.

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  • I need help with divorce process. I don't have any money.

    My husband wants to divorce me. He wants to use dissolve the marriage form. We have been married over 6 years. He has cheated on me twice during our marriage. We have been separated since January but seeing each other till May & was initimate i...

    Debra’s Answer

    You can always try to do it yourself, but there are several issues here. You might one to have a consult with an attorney.

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  • After twenty-three years of service , I was terminated without any financial support in place. No payment into my SocialSecurity

    As of 2004 I was a Director in the company,and without any genuine reason, by 2008, I was demoted to plant foreman and was replaced by the late company president's teenage grandson. From 1993 to 2000, I was the only personnel doing manufacturing,...

    Debra’s Answer

    I agree with the above lawyer. You need to seek legal counsel here for all the legal issues involved. I would be happy to provide some referrals.

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  • Not sure how to go about my divorce.

    After 3 months of being married my husband said he no longer loves me and only got married because he felt pressured. Im a stay at home mom and have no money. Im 21 and have no clue what to do. But i no longer want to be with a man that didnt marr...

    Debra’s Answer

    If your husband is not the father of your child, then you can do a simplified divorce (if you have relatively few assets or debts together) or uncontested. You might not need a lawyer. If he is the father, then you will need a parenting plan and child support must be calculated. Many attorneys offer free consults, I would start there.

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