Debra G Simms’s Answers

Debra G Simms

Orlando Elder Law Attorney.

Contributor Level 11
  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 2 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

    It is likely that the house is deeded in both names if the tax bill comes that way. If so, then it is probably a survivorship deed and the wife will now own the house. There may be other assets that you are entitled to, or at least 50% of them. You need to contact a probate lawyer.

    14 lawyers agreed with this answer

  2. Is it legal to print your Wills and Trust on both sides of the paper?

    Answered 3 months ago.

    1. Debra G Simms
    2. David Michael Goldman
    3. Stephanie Sauer Woods
    4. Robert P Garven
    5. Shelley Ann Elder
    6. ···
    6 lawyer answers

    I have never seen this in 26 years of practice, but I don't know of any statute prohibiting it in FL!

    9 lawyers agreed with this answer

  3. Can I submit a motion of default if a answer to a petition of divorce was filed after the 20 days given by the court system

    Answered about 2 years ago.

    1. Brittney Cecilia Gutin
    2. Debra G Simms
    3. Joseph Gufford III
    4. Barry Franklin Poulson
    5. Christopher W LoBianco
    5 lawyer answers

    No, not once the responsive paper has been filed. Courts do not favor defaults. They prefer to have all parties participate. Debra G. Simms Orlando The Villages Daytona Beach

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. I filed Chapter 7 this year (2011) and it was discharged in June 2011. Should I expect to receive any 1099-C's.

    Answered almost 3 years ago.

    1. Dorothy G Bunce
    2. Christopher Frederic Ikerd
    3. Stephen P. Orchard
    4. Stephen Clark Harkess
    5. Debra G Simms
    5 lawyer answers

    As far as debts discharged in Bankruptcy, there should not be any tax liability for the amount that was discharged. Was the house included in the bankruptcy? If so, why did you do a short sale? Was the house your primary residence? More facts are needed to thoroughly answer this question. You should consider talking to an accountant as well. Debra G. Simms

    8 lawyers agreed with this answer

  5. My fried and I have lived together for 20+ years

    Answered almost 2 years ago.

    1. Debra G Simms
    2. Robert Jason De Groot
    3. Eric Jerome Gold
    4. Joseph Franklin Pippen Jr.
    5. Kenneth Allen Parker
    5 lawyer answers

    Is your friend willing to leave the house to you in a Will? And you should consider possibly filing bankruptcy if you cannot pay your debts. Please consult with an attorney so that you are left without options when your friend passes away. Debra Simms

    7 lawyers agreed with this answer

  6. I've got one year left on my chapter 13 payments. I get my 1st social security check next month. Do I report this income to

    Answered over 2 years ago.

    1. Debra G Simms
    2. Steven Anderson Leahy
    3. Shannon E Wynn
    3 lawyer answers

    I think your attorney was trying to simplify your life! All changes of income should be reported to the trustee. Your plan might need to be amended. You probably need to retain your attorney to do this, or if he/she is not willing, then find a new attorney. Good luck!

    7 lawyers agreed with this answer

  7. Not sure how to go about my divorce.

    Answered about 2 months ago.

    1. Denise Martinez Scanziani
    2. Debra G Simms
    3. Robert Jason De Groot
    4. Steven David Miller
    4 lawyer answers

    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.

    6 lawyers agreed with this answer

  8. Me and wife are separated for 1 year I have been writing child support checks from my checking can I divorce without her claim a

    Answered 2 months ago.

    1. Debra G Simms
    2. Adam Michael Lahood
    3. Robert Ricci
    3 lawyer answers

    Your wife might have, and likely does, have a claim to your house and pension if they were assets accumulated during your marriage. If they were pre-marital assets, then other factors come in to play. The fact that she abandoned you has no relevance to the division of assets. You should get credit for your child support payments but you might not have been paying the correct amount. I recommend you see an attorney.

    6 lawyers agreed with this answer

  9. If records were subpoenaed from a hospital can you use a nurse from hospice as the witness for the hospital records and hospice?

    Answered 2 months ago.

    1. Debra G Simms
    2. Carol Anne Johnson
    3. Vance Tate Davis
    3 lawyer answers

    As far as getting the records in you will need to get an agreement from the other party that these are not hearsay evidence. Absent that agreement, you will need the hospital records custodian in order to admit them in to evidence. As far as the issue of whether your father was competent, the nurse might be allowed to testify, but I would recommend a physician who treated your dad.

    6 lawyers agreed with this answer

  10. A family member left a motorcycle at my house in 2008 and said to hold on to it and gave us the title and all and never came to

    Answered about 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Debra G Simms
    3. James P. Frederick
    3 lawyer answers

    You mentioned that he gave you the title? Did he put your name on the title or just hand you the paper? If your name is on title, you can sell it. If not, send your relative a registered letter saying you are going to report it as abandoned if he does not respond to you. Good luck! Debra G. Simms Orlando The Villages Daytona Beach

    6 lawyers agreed with this answer

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