April Denise Hill’s Answers

April Denise Hill

Saint Petersburg Elder Law Attorney.

Contributor Level 11
  1. How does one qualify for medicaid in Florida?

    Answered over 6 years ago.

    1. April Denise Hill
    2. Thuong-Tri Nguyen
    3. William Coogan Wombacher
    4. David L. Carrier
    4 lawyer answers

    There are a number of factors involved in qualifying for Medicaid in Florida. For those over 65 or disabled and in need of nursing home care, there are three main areas to consider. First, the individual must meet basic criteria such as being a Florida resident and a US citizen or eligible alien, and physically needing the care. Second, Florida is an "Income Cap State" which means that the individual must meet an income test to qualify. The gross income (for 2008) must be...

    1 lawyer agreed with this answer

    9 people marked this answer as helpful

  2. Does a beneficiary of a will or trust have a legal right to view the contents

    Answered almost 6 years ago.

    1. April Denise Hill
    2. Lance Martin McKinney
    3. David Michael Goldman
    3 lawyer answers

    A trust beneficiary has the right to see the legal documents related to a trust. In fact, the trustee is required to send a copy of the documents if a beneficiary asks for them. The trustee also has a duty to inform beneficiaries about the assets held in the trust. If you are unsuccessful with your request you may want to hire an attorney to help you. Even though trust administration is often carried on without court proceedings, an attorney can be quite helpful in helping the trustee...

    10 people marked this answer as helpful

  3. 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?

    Answered almost 2 years ago.

    1. David Michael Goldman
    2. April Denise Hill
    3. Stephanie Sauer Woods
    4. Dennis Michael Phillips
    4 lawyer answers

    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.

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Lawrence Jay Davis
    3. April Denise Hill
    3 lawyer answers

    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.)

    3 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Marc Jeremy Soss
    3. April Denise Hill
    3 lawyer answers

    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.

    3 lawyers agreed with this answer

  6. Under FL estate planning laws, does a Will have to be notarized by the court, can a Will be filed after creator died

    Answered over 6 years ago.

    1. Pamela B Stuart
    2. April Denise Hill
    3. Marc Jeremy Soss
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Florida law states that the custodian of an original will must deposit it with the clerk of court having venue (authority to oversee the case) within 10 days of receiving information that the testator (maker of the will) is dead. It says nothing about whether a probate had already been opened as intestate. With that information the question should not be whether one can file a will, but how soon and where do they need to file it. When the will in question is a copy, Florida law is not so...

    1 lawyer agreed with this answer

    4 people marked this answer as helpful

  7. If there are signed copies of a will, but the original is missing ,can probate proceed

    Answered over 3 years ago.

    1. April Denise Hill
    2. Michael S. Haber
    2 lawyer answers

    Florida law allows for a procedure to establish a lost or destroyed will. With a copy, it must be proved by a disinterested witness. Also, formal notice must be served on all who would be entitled to property if the will did not exist. This is one of those court processes that should be carried out with the help of a qualified attorney.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Will Save Our Homes Property tax exemption in Florida remain intact during sale of the property and closure of the estate.

    Answered over 3 years ago.

    1. April Denise Hill
    2. Samuel John Saad III
    2 lawyer answers

    Save our homes applies only to the person or persons that own and live in a home. The protection is usually lost on the death of the owner unless there is a spouse or minor child. Even though it is lost at death, no additional payment is required until the next year's taxes are due.

    Selected as best answer

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

    Answered 10 months ago.

    1. April Denise Hill
    2. David L. Carrier
    3. David D. Sprague
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  10. Deceased husband's debt prior to and one after our marriage.

    Answered about 3 years ago.

    1. April Denise Hill
    2. Jeffrey B. Lampert
    2 lawyer answers

    You do not owe them anything for your deceased husband's debts unless you signed an agreement with them. While some creditors are decent and ethical, others can be misleading or dishonest in their efforts to obtain payment. They will take money from anyone who is willing. They may even tell you he would have wanted you to pay his bills, that its the right thing to do. Do not let them fool you.

    2 lawyers agreed with this answer