Erik Peter Shuman's Answers

Medicaid trust?

There are several trusts arrangement that are commonly referred to as a "Medicaid Trust". One not touched on by the other commentators is the Medicaid Income Trust (also known as a "Miller Trust" or "Qualified Income Trust"). This is a trust allowed to applicants for Medicaid nursing home benefits whose income is over the monthly income cap (approx. $1,900/month). By utilizing the trust, the income over the income cap is placed in the trust and the Medicaid applicant is thereby not...

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Ladybird deed?

When deciding whether to use a lady bird deed one must realize that if you name a remainderman beneficiary who has a judgement of record against them you may not be able to sell or transfer the property without satisfying that judgement. Therefore, caution is urged before considering this technique. Costs vary based on attorney and location.

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Trusts & Wills

To obtain a recommendation for an attorney near you, you can: 1. See if an attorney on Avvo meets your needs, 2. Contact your local Bar association for a referral, 3. Ask your friends and co-workers for a referral, or 4. Ask an attorney you know who may practice in another area of the law. You may also ask for attorneys in Orlando or other cities near you. Good luck!

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SETTLE A LIVING TRUST IN FLORIDA

Although a quit claim deed from the trustee to the beneficiaries may be legally sufficient to convey legal title, you are well advised to seek the assistance of a trust and estates attorney to help you with the other legal requirements related to the administration of a living trust after the person who created the trust has died. The attorney will need to prepare an affidavit of trust to establish its homestead status and there may be other issues that need to be addressed before the...

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Custody papers?

I assume your friend is under 18. Assuming the parents agree to this arrangement (and they will need to sign consents), a guardianship attorney can prepare petition for guardianship of a minor, get consents from the parents and the Court should appoint the mother's friend as guardian of her person (assuming she qualifies under law, i.e. is not a felon, etc). Annual reports will need to be filed with the Court and moving the child to another State (and usually another County) will require a...