Kathleen Flammia’s Answers

Kathleen Flammia

Winter Park Elder Law Attorney.

Contributor Level 3
  1. My question is in relation to a large distribution of will that has obtained probate. Is is possible for solicitors to finialise

    Answered over 1 year ago.

    1. Kathleen Flammia
    2. James P. Frederick
    3. Brad Harris Milhauser
    4. Donald Joseph Quinn II
    4 lawyer answers

    If the creditor period has expired, the personal representative can distribute the money and execute a personal representative's deed to transfer the property to the beneficiaries.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What is the best way to purchase my elderly parents home so they may remain in it but receive the cash from sale to live off?

    Answered 12 months ago.

    1. Timothy Joseph Hardesty
    2. David M. Pyke
    3. Kelly Scott Davis
    4. Kathleen Flammia
    5. Alan James Brinkmeier
    6. ···
    6 lawyer answers

    This is a state specific question. You would be best served by contacting a lawyer in Texas or in whatever state your parents reside. In addition to obtaining Medicaid, there are other tax considers which need to be discussed.

    4 lawyers agreed with this answer

  3. REPOST: Question about "presumption of competence" for TOD change

    Answered over 1 year ago.

    1. Dennis Michael Phillips
    2. James P. Frederick
    3. Brittany Green Gloersen
    4. Kathleen Flammia
    4 lawyer answers

    A person is presumed to be competent unless declared incompetent by the court. However, having said that, we know that anyone can challenge anything. It may be helpful to have a doctor's note or evaluation which states your friend is mentally competent when he changed the beneficiary. The closer in time the note is dated to when the change is made is, in my opinion, the best way to go at this point.

    2 lawyers agreed with this answer

  4. Can you tell me what Medicaid requires to honor a personalized care contract, without triggering penaty regarding 5 yr look back

    Answered over 1 year ago.

    1. Stephanie Sauer Woods
    2. Lawrence A Friedman
    3. Kathleen Flammia
    4. Kelly Scott Davis
    4 lawyer answers

    Personal care contracts are being attacked currently in our legislature. You should consult with a board certified elder law attorney to ensure proper planning.

    2 lawyers agreed with this answer

  5. If i shove someone with my shoulder and they push me and i strike him and i got charged with assault. how can i defend my case

    Answered over 1 year ago.

    1. Zebulon Kelly Chandler
    2. James Regan
    3. Kathleen Flammia
    4. William Peter Daley
    4 lawyer answers

    If it were in Florida, the touching of your shoulder would be a battery if you touched the other person without his or her consent. I agree that there isn't any confidentiality in discussing this case on line. Best to speak to a criminal defense attorney.

    2 lawyers agreed with this answer

  6. My aging parents are being financially exploited by other family members. I need to know what I can do legally.

    Answered about 1 year ago.

    1. Michael Lee Dewitt
    2. James Marston Brown
    3. Joseph Michael Pankowski Jr
    4. Lawrence A Friedman
    5. Kathleen Flammia
    5 lawyer answers

    In Florida, you could contact Adult Protective Services to report the abuse. That agency isn't always willing to intervene if your Grandmother is competent to make bad decisions. If she isn't competent, you could move for an Emergency Temporary Guardianship to be able to handle her (and your grandfather's) person and property.

    1 lawyer agreed with this answer

  7. How do I obtain a copy of a divorce decree from the Los Angeles Superior Court in Torrance, CA from 1972?

    Answered over 1 year ago.

    1. Glen Edward Ashman
    2. Kathleen Flammia
    3. J. Richard Kulerski
    3 lawyer answers

    You could also call the clerk of the court in that county and they will more than likely tell you to put your request in writing and send some money to get a copy. The records are probably archived at this point.

    1 lawyer agreed with this answer

  8. Does a guardian appointed for an elderly person have to make a list for the court of what they have sold from an estate?

    Answered over 1 year ago.

    1. Justin Eric Elder
    2. Kelly Scott Davis
    3. James CW Bock
    4. Joseph Franklin Pippen Jr.
    5. Kathleen Flammia
    5 lawyer answers

    In Florida, the guardian would need to get a court order to sell the property. They would also have to report the assets annually to the court. You may need to file a Notice of Interested Party to obtain information from the court file.

    1 lawyer agreed with this answer

  9. If my dad does not put his home in cape coral FL in my name before he goes to nurs home, will Medicaid take his house?

    Answered over 1 year ago.

    1. Lawrence A Friedman
    2. Joseph Franklin Pippen Jr.
    3. Kelly Scott Davis
    4. Kathleen Flammia
    4 lawyer answers

    In Florida, our Florida Constitution Article Ten, Section IV protects the homestead from creditors so long as the decedent leaves the property to a lawful heir. If you dad transfers the property, the transfer may penalize him from getting Medicaid benefits.

    1 lawyer agreed with this answer