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Blaise E. Picchi

Blaise Picchi’s Answers

976 total


  • What do I need to get power of attorney for an incapacitated family member that cant sign the documents necessary?

    My father is in a medically induced coma, he would want me to have power of attorney I am just unsure how to go about getting the documents signed since he is unconscience. Is this possible... Please note my father is located about 5 hours away so...

    Blaise’s Answer

    I agree with the previous two attorneys. You are past that point where you could obtain your father's signature on a Durable Power of Attorney. However, one glimmer of hope, you said that your dad is in a medically induced coma. Will he come out of it? If he does, will he be competent to sign. Even if he cannot sign, someone can sign for him in his presence with his permission if the notary is present at the same time -- as long as he is competent.
    If you can avoid a guardianship, by all means, try to. They are very vexing and expensive in Florida. That's why everyone over a certain age should have a durable power of attorney.

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  • 53 yrs old no job on food stamps and need medical are. do i qualify for medicade?

    type 2 diabieds, 1 shot and 6 pills per day. high blood pressure 4 different meds per day. several other preciption meds for other problems totaling over 1000,$ per month, ineed help

    Blaise’s Answer

    I agree with attorney Friedman, as far as he goes. Technically, you really don't need an attorney. You make the application yourself and you get the attorney only if the social security administration turns you down. Those who are under 65 and have been declared to be disabled get a SSI pension and Medicaid. You make that application at the Social Security office near you. They will send you here and there to be examined. If they turn you down, look for a social security lawyer there in Jax. The lawyer gets paid by the court if he suceeds. It may be a good time for you to apply. According to the media the number of people on disability has skyrocketed in the Obama administration.

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  • What forms do i fill out to give my sister my interests in my mothers property?

    i live in florida, my mother passed away about two years ago and had property that was her homestead. property is still in her name.

    Blaise’s Answer

    There is no national probate law and New York International lawyers and California probate lawyers have no business giving a Floridian legal advice on probate.
    The answer to your question is that you have to undergo a formal probate there in Orange County, Florida in order for title to be transfered from your deceased mother's name to you and your sister (presuming you are the only two heirs.) Then you can execute a Quit Claim deed for your share to your sister. In fact, if I were advising you, assuming your sister is living in the house and you want to give it to her but you don't want to initiate a probate, just give her the quit claim deed now and let her do what she wants about the probate. But the estate MUST be probated otherwise when your sister wants to sell the property to a buyer, who would sign the deed when the public record shows that the property is still in your mother's name. Your mother having passed over two years ago makes the probate even simpler. But there are no "forms" to do this. You have to have a probate attorney who prepares the documents from scratch.

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  • My father passed away and didn't have a will. Can I file summary of administration myself?

    I am the only child and he was divorced from my mom. He owned the home and it is worth about $34,000.00 in Clearwater, FL. He also has some banking things and stocks I am trying to settle up. The rough amount in ING $9,000.00 total. But ING dir...

    Blaise’s Answer

    No, you cannot handle the estate yourself because you must file a full and formal probate of your father's estate even though there is nothing to argue about and even less money to distribute. The reason is that the house is still in his name. Unless a court determines that you are the legal heir and causes the title to the home to transfer to you, how would you sell it? No one would buy it without your father's signature on the deed and he is no longer alive. You could not sell it. Its not in your name. Title transfer has to happen in the public record. This happens often in probate. You need to find an attorney to handle this very simple and very perfunctory probate. There is a statute which says, I think, that a fair attorney's fee for an estate under $100,000 is $2500 plus court costs. of about $300. You have that much in the ING holdings. See if you can't get a lawyer to do it for less than $2500. It's just paperwork if it is as simple as you say. The lawyer will take payment when you collect the ING investment. You probably will have to come up with the $00 filing fee.

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  • I was the caregiver for my father before he passed. Not on his lease what will happen?

    I have kids living here with me. For the last two months I just paid it but now I dont have the money. I am not on lease dont want to be put on street what will happen?

    Blaise’s Answer

    Being "on the lease" is not relevant. The landlord took the rent from you and you are his tenant. All a lease does for a tenant is that he gives the tenant a period of time (like one year) to live on the premises at a certain rent. Unless the terms of the lease are violated, the landlord is prohibited from evicting the tenant just because he doesn't like him and it prohibits the LL from raising the rent during the lease term. However, with or without a lease, the Tenant MUST pay the rent or he/she will be evicted for non-payment. Being "on the lease" does not protect a tenant who doesn't pay the rent.

    I agree with the previous attorney's opinion. You need to pay the rent or you will be evicted by a legal action your LL brings against you.

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  • How do I transfer a mortgage my deceased spouse held for others to myself?

    My spouse held a mortgage in his name only for a property owned by others. how do I transfer it to my name?

    Blaise’s Answer

    You do not give much information. Your deceased spouse held a mortgage on property in his name alone. Payments were being made on the mortgage to him. He died. You, as his spouse, are at least a major heir. Did he leave a will? Do you have children? Is his estate being probated? How much is the mortgage worth? Did he own any other real property in his name alone? What's the total value of his estate? Are the mortgagors still paying on the mortgage and, if so, to whom? You may well have to open a probate in order to get the note assigned to you. That's what you want: The mortgage note assigned to you. That can be done by a personal representative or, depending on the value of the estate and the number of heirs, by a court order. But depending on other issues of the estate, you want to do it as conveniently and inexpensively and possible. You really need to consult a probate attorney there in Dade County.

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  • Does POW of your mother have to have signed proof that she is mentally incompetent B/4 changing CD Benef to use for her care?

    If you are running out of money for care can you change and sell CD's for her care?

    Blaise’s Answer

    If you attempt to establish that your mother is incompetent, then you will defeat the POA. A power of attorney is good only as long as the grantor is competent. When a bank or any other entity has actual reason to believe that a person is incompetent, that is, they are on notice that the grantor is incompetent, then they should not honor the POA and require you to open a guardianship. But as long as it is not evident to the bank or other entity that the grantor is incompetent, then she is presumed to be competent and the bank should honor the POA. Of course, once a court declares the grantor incompetent, then all POA's previously granted by the grantor are void.

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  • I am in need of a legal document authorizing my mother in law to sell a burial plot owned by her mother whom is deceased.

    Both parents and only sibling are deceased which leaves her the only living relative. Her mother decided to be cremated which leaves the plot unused. We have death certificates for both her mother and sister. The memorial gardens, where the plo...

    Blaise’s Answer

    I agree with attorney Pippen. Go back to the cemetery and get their forms to fill out. They do this all the time. I have run into this problem several times with different cemeteries. They have their own bureacracies but roughly they follow the same rules. And they charge $50. They need to know who the heirs of the deceased are, i.e., your mother-in-law. In other words she must swear under oath in document usually provided by the cemetery, who the heirs of the last title owner are. If she is the only heir, then they will put the plot in her name. Then she can sell it.

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  • Hi! Really appreciate your advice! Are there any other less costly options ( finacially) than probate to do a deed in lieu?

    Consigned father's loan. Not on property deed. W ant to refinance my own mortgage and not have a deficiency judgement. Or my credit. Negatively effected. Prperty is underwater. Father died 3 yrs. AGO. Bank is in process of. foreclosures.

    Blaise’s Answer

    • Selected as best answer

    I think you are saying that you "co-signed" your father's mortgage note. Are you your father's only heir? Did he have other children? Did he have a will giving the property to you?

    Now there is no equity in the property (underwater) so there is no value in it. It doesn't serve any purpose for you to probate the estate to transfer this title to you. Let the bank do all of that in order to obtain title. Your problem is that you co-signed the note. Therefore you would owe any deficiency if the bank comes after you for a deficiency decree. Has the bank joined you in the action for foreclosure? If not it will have a hard time getting a deficiency decree against you after a foreclosure sale.
    One other legal fact for you to consider. Since your dad is deceased, he no longer owns the property. Only his legal heir(s) own the property and have owned it since the moment of your father's death. Title transfers by operation of law. Trouble is that you have to have a court declare that fact. That's why you need probate. But in your case, you don't want to do a probate just to assist the bank. They have to reckon with your dad's passing and foreclose on whoever his heirs are. You might be able to make a deal with the bank or its lawyers by giving them a quit claim deed in return for not obtaining a deficiency decree. But you really are going to need the assis tance of a knowlegeable property or probate attorney.

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  • Can I sell a house in seminole county florida without going through probate court.

    The house is deeded to my brother,sister and myself as heirs. My brother and sister have passed away and i have no funds for probate court and the house needs alot of repairs. The taxes are current and know money is owed on it. Can i sell it with ...

    Blaise’s Answer

    What do you mean when you say "The house is deeded to my brother, sister and myself as heirs." Is there an actual deed or did you inherit it as the result of the passing of a parent? If there is no deed and not probate of the estate of the parent from whom you inherited it, then you have a mess on your hands. First you must probate the estate of the deceased parent in order for a judge to issue an order putting title in the names of you and your deceased siblings. Then you have to probate the estates of the two deceased siblings. If they had children, then their 1/3 share belongs to their children. (however, under Florida law, if your siblings died without children and both your parents have passed, then you are their heir but you have to get a judge to declare it in an order). You must get a judge in a probate action to declare who holds title. You see, you cannot sell the property to any b uyer in good faith unless you have the signatures of all the current living owners on the deed. No one will buy the property unless they are sure they are getting good clean title. No title insurance company will write a policy for a buyer unless you have had a court declare who the current owners are and get their signatures on a deed to the buyer... While it may sound complicated, it is not as bad as it sounds. It really involves a lot of paperwork prepared and filed by a probate lawyer to straigten the title out. Good luck

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