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April Denise Hill

April Hill’s Answers

113 total


  • Question about the final estate 1041

    I have gotten mixed answers. Does a PR have to give the probate attorney representing the PR a copy of the final estate 1041. I have been told that the PR does not have to give the probate attorney a copy of the final 1041. I have been told thi...

    April’s Answer

    Since the attorney represents the personal representative and has responsibility for the estate it only makes sense that one would have to provide it. Moreso, the thought of needing to hold back shouts of some unspoken issue between the attorney and personal representative.

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  • Is there way to get funds left in my dad's campaign Account? He passed away in 2013.

    My dad was a city official. There was money still left in his campaign account but the bank will not release it. Is there a way for someone to retrieve that money?

    April’s Answer

    Before doing a probate I would want to know who is supposed to receive the proceeds of the account. It may have to be returned to the donors. I'd suggest you contact the division of Elections.

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  • Mothers income has changed since qualifying for financial aid for assisted living.

    If my mothers income has gone down significantly since she qualified for financial aid to help with her assisted living expenses, will medicaid make adjustments so she can stay where she is?

    April’s Answer

    You can file a change with Medicaid but, since she is in assisted living it may not reduce her responsibility. It all depends. But it is worth checking in to.

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  • What is "residual estate" and specific bequest and what portion of my mother's will means.

    My mother recently died and I have a copy of her will and it's confusing and I only wanted to ask an attorney what a couple things mean. I live in Texas but the will was drawn up in Louisiana. Please help.

    April’s Answer

    A specific bequest is a gift of a certain thing- such as a house or sum of money. A residual bequest is what remains after the estate is settled (specific bequests are given out, all creditors are dealt with and the legal fees and costs are paid). If you are going to see an attorney, I suggest you see an attorney in the state in which your mother was a resident when she died.

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  • My dad died last week without a will. He only has a bank account. Do I need to be named administrator to close his account?

    He wasn't married, he was living with someone. I'm next of kin and the only sibling. I signed papers for the burial arrangements. Everything is hers except for a few possessions we picked up and his bank account, which has $1,700. He had ...

    April’s Answer

    To do a Disposition Without Administration you will need to bring the funeral bills and proof of payment to the clerk of court. As far as filing his taxes that would be a question for a tax advisor.

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  • Failed to mention in inquiry if daughter can submit a claim as a representative for her deceased father w/ no estate, Florida.

    I had asked about submitting a claim for a settlement involving my deceased father who passed almost 2 decades ago. At the time of his death there was no will nor estate, my mother, who remained his wife (I am a lucky child) is still alive and I w...

    April’s Answer

    I agree, this is very confusing. I am going to limit my answer to: if there was a probate, the state of Florida, for probate purposes, does not make different requirements of children who are not Florida residents. This means, if there was a claim, and you filed a probate to act on it on behalf of your mother, you would be able to do so. Because it would be intestate (without a will) your mother would have to consent to your appointment. If there is a probate, you would certainly want to do it while your mother is living so you don't have to go through two probates to obtain the assets.

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  • My wife's father passed away intestate but survived by her mother. He had an older separate life insurance policy worth $3k.

    My wife's father passed away intestate but survived by her mother (his spouse), my wife, and her brother (his son.) All of their property was jointly owned and his larger life insurance policy had her mom listed as a beneficiary. However an olde...

    April’s Answer

    It could qualify for either the summary or the disposition without administration as long as final arrangements and final medical expenses reach that amount. If you file for hte disposition make sure to supply proof of expenditures (receipts, contracts, cancelled checks, etc.)

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  • Must I use a lawyer for probate where there is no money involved, property valued at under $77k, and some credit card debt?

    My mother just passed away, leaving a will with 50/50 to my brother and I. Her house is worth $77k (yet still has a $69k mortgage), she has barely anything in the bank and has several thousand dollars in credit card debt. There is no contention ...

    April’s Answer

    No, you are not required to use a lawyer. But, few people can easily navigate the system without one. A friend of mine was one of a few I know who was able to do his father's probate. A few years later his mother died and he came to us. He said the fee was worth the guidance he would receive and worth avoiding the hassle. Your mothers home could be her homestead and that would require an additional proceeding. The good part is that it could be protected from creditors.

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  • Florida estate and possible insolvency?

    When someone dies intestate, things may look initially like there are plenty of assets to pay the debts. However, at some point, the claims may exceed the monies in the estate. It may take time before this determination can be made especially if...

    April’s Answer

    In Florida, once a probate has been established you need to publish notice to creditors and send notice to known creditors. If there is a question as to whether the estate is solvent or insolvent, it should be evident after the end of the claim period. When and how to pay the creditors is one of the areas you should review with your attorney.

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  • How do I find out if my father who died two years ago in Holland, MI had a will or probate?

    I'm unable to get any information from my siblings and my father owed a lot of money in back child support. My reason for asking this is because I searched online and found he has unclaimed funds from an Insurance company and to file claim to the...

    April’s Answer

    You can also file a "caveat" as a creditor in the court in the county where your father lived. You can do this even if no estate has been opened. If the creditor period has not yet expired, this will give you a right to be noticed if your siblings file anything in the court.

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