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Brian Charles Perlin
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Brian Perlin’s Answers

20 total


  • If a father passed away and had joint property with his father, is the grandchild entitle to that property?

    My deceased father left behind several properties in GA, what can I do as far as claiming what I think is rightfully mine?

    Brian’s Answer

    Your question is not very clear.
    Are the properties held jointly between a father and a grandson? Does the title say joint with rights of survivorship? Was the decedent a Florida resident. Was there a surviving spouse?
    If the deeds indicate the properties are held as joint with rights of survivorship the recording of a death certificate should effectively transfer ownership to you.
    You will need to check on whether Georgia will impose an inheritance or estate tax.

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  • How long after a benificary on a life insurance policy comes forward will it take a company to confrim it

    My dad past about a month ago today, rumor was that one of his kids is possibly benificary He was a retired factory worker mom has pass on aswell he remarred but new wife was told she wasnt on the policy .So each silbing called and was told poin...

    Brian’s Answer

    I would contact the insurance company in writing. I would include an original of your father's death certificate. It is my experience that insurance companies would like to pay a legitimate death claim as quickly as possible. Many states have laws that require the carrier to pay a higher than market rate of interest on the policy proceeds after they have been notified of a claim.

    There may be additional issues. For example, your stepmom may have an interest in the policy under the Florida elective share statute.

    I would recontact the insurance company. Hopefully they can give you an explanation.

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  • Trying to find out why a will was not probated with me listed as a beneficiary

    I've written letters and sent e-mails to the executor but have been stonewalled.

    Brian’s Answer

    There could be a hundred reasons why an estate has not been established. There might not be any assets subject to probate. The assets subject to probate could be minimal. The estate could have creditor claims in excess of assets.
    I would suggest that you file a caveat in the probate court.
    I would also suggest that you contact other family members or beneficiaries under the will. They might be a source of information

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  • How and to whom do you report abuse by power of attorney in CT?

    My dad's power of attorney, his nephew, is not permitting my dad to come to Florida to visit me and my family. My dad lives in CT. My dad has been visiting us twice a year for over 20 years, but since his nephew became power of attorney, my dad ...

    Brian’s Answer

    I believe I answered this question previously.
    You can contact the State of Connecticut Department of Social Services 1-800-203-1234.

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  • Does spouse have primary rights for medical and care authority in the State of FL for a disabled wife if her daughter has a POA

    My mother is 74 years old and parilyzed on one side from stroke in May, 2009. She was sent to a rehab which she disliked and did not give her the therapy time she needs. Her husband removed her to the home and she has found he is physically unab...

    Brian’s Answer

    If your mom has a Health Care Surrogate Doument, the Health Care Surrogate would be able to make decisions.

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  • My dad was in an accident 17 yrs ago he got a settlement from it he told me that my name was on it i find out diffrent now

    my 3 brothers recieved 38,000 dollars each from the settlement can i still get money and can i get my name put on the annuity that was made for him i am from another marriage and was lied to for yrs i feel i am intitled to something can someone he...

    Brian’s Answer

    I cannot answer your question without more information. For example, what type of claim was settled?
    Did your brothers receive checks due the death of their mother? Were you part of a lawsuit?

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  • How and to whom do you report abuse by power of attorney in CT?

    My dad's power of attorney, his nephew, is not permitting my dad to come to Florida to visit me and my family. My dad lives in CT. My dad has been visiting us twice a year for over 20 years, but since his nephew became power of attorney, my dad ...

    Brian’s Answer

    I would recommend that you contact an attorney in Connecticut.

    You could also call the State of Connecticut Department of Social Services 800-203-1234.

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  • Guardianship father nursing home

    father in nursing home. They have guardianship. They got all his assets (home, bank accounts etc) Am I responsible for any medical costs?.

    Brian’s Answer

    Unless you have agreed to pay the bills, you would not be responsible for your father's medical bills.
    I agree with the answers of the other attorneys.

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  • How do we file for Probate without an attorney in Florida?

    My wife passed away, and she had no will. Now I need to go through the probate process but I can't afford an attorney. Can I file myself to be granted probate in Miami?

    Brian’s Answer

    Unfortunately you cannot open an estate by yourself. You will need to hire an attorney to file for probate in Miami.

    If you need to take the estate through probate it must be because there are assets in the name of your wife alone.

    If there are assets, it would seem that the attorney could be paid from the assets that are subject to probate.

    If there are minimal assets (less than $75,000) you could hire an attorney to do a Summary Administration. A Summary Administration is not as time consuming and is less expensive. The Summary Administration is a simple version of the probate process. The Summary Administration is generally done when the estate has a lower value than the specified amount according to the statutes of your jurisdiction and also when there are no properties involved.

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  • Can durable power of attorney be granted in both brothers' names simultaneously that protects each individual inheritance?

    Our mother wants each son to receive half of the estate and is considering durable power of attorney to protect herself medically if she becomes incapable of making appropriate decisions. She also wants to insure each one's financial interest or a...

    Brian’s Answer

    Your mom can create a medical power of attorney designating you and your brother to make decisions for her. She can designate one of you or both of you to make financial and/or health care decisions..
    You really need to seek an experienced estate planning attorney.
    Your mom should consider leaving her assets in a trust for the benefit of you and your brother. The trusts can be drafted so as to be sheltered from the creditors of you and your brother in the event your mom passes away.

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