April Denise Hill’s 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...

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...

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.

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.)

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.

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...

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.

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.

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.

All I can tell you is beware, there are many pitfalls in doing that by yourself. While I can appreciate that you feel you do not have funds to pay an attorney, you also say there is an inheritance. If you use some of that inheritance money to protect your estate by hiring a qualified attorney to do a new estate plan, it would be money well spent. Any time someone wants to exclude an heir such as a child, it is not wise to do this without legal help. That is because the attorney would help...