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Carol Anne Johnson
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Carol Johnson’s Answers

2,809 total


  • I need my Aunt's Death Certificate. She died several years (around 10 years ago) in California.

    Hi, I need my Aunt's Death Certificate. She died several years ago (around 10 years) in California. She and my dad were owners of my grandparents' house. My dad past away last year and he never took care of the house nor did he request her death c...

    Carol’s Answer

    You will need to know the county in which she passed. A certified copy of her death certificate can be obtained from the Clerk's office there after paying their fees. Usually, this can be done on-line.

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  • Can I sue my aunt or the oil company for forging my dead grandmothers checks for 15 years? Get the rights sorted out?

    My name is Chris......To make it short and sweet. My aunt. Susan. Has been signing my grandmothers name for 15 plus years now on an oil money royalty check so to speak. She died in about 2000. Was supposed to go to my father. But the oil company h...

    Carol’s Answer

    The oil company does not owe anyone anything. If they had no knowledge of the fact of your grandmother's death and your Aunt was forging documents, they are not responsible for her illegal actions. You have a cause of action against your Aunt unless your grandmother, in her Will, directed the monies go to her. Even if, she would have had to change the dividends to make them payable to herself. You need to speak with a probate litigation attorney because this is an estate matter. Your Aunt has been wrongfully embezzling money from your Grandmother's estate, if everything is as you say. There may be civil charges that you can file, as well. See an attorney. The AVVO Find A Lawyer tab is a good place to start. Good luck.

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  • As a beneficiary of an estate/will, can the executor or process agent have my portion redistributed/ pay for legal fees, etc.?

    The estate/will is of my grandfather who passed in 2013. The executor is named as my uncle and the process agent is named as my aunt. The paperwork notes it is from the State of North Carolina, Burke County. I was sent a "Notice of Beneficiary." N...

    Carol’s Answer

    You should have received a final accounting prior to the close of probate. You should also have had to sign a waiver accepting the final distribution (in your case, zippo). Here's what MAY have happened; your mother's portion of the estate was so small (for a myriad of reasons) that when the payments to creditors was made it wiped out her share. If you have questions, you have an absolute right to see what was filed in the court and what was distributed to whom. You may need to hire an attorney to track down any monies that you believe should come to you, but it actually may not be worth the cost of doing so. I wish I had better news. Another option is to call a legal aid association in Burke County, NC and obtain a lawyer through them. A FL lawyer will not do you any good in this.

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  • How do I get control of my handicapped mom's finances?

    My mother is throwing her money away on lottery scams. My whole family has asked her to stop. But she continues to give hundreds of dollars a month away. And us not paying her bills.

    Carol’s Answer

    Sometimes, the first indication of early-onset Alzheimer's is the inability to handle finances properly (of course, many young people also suffer from that!) It IS her money. However, if her spending on the lottery "scams" is making her unable to pay her bills and living expenses, you may need to have her competency determined by the court. It is a process that can be arduous (and very divisive) for the entire family, so I would first suggest asking her to voluntarily meet with an elder law attorney to sort out what would work best for HER.

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  • I have money from probate and may have to give some to another. How do I determine how much I would have to give them?

    . I am executor and gave the two others involved property. One of them does not want money, but the other does. I received no property. How much do I have to give them by law ? How do you determine that?

    Carol’s Answer

    What two others are "involved"? Are they creditors of the deceased? Are they beneficiaries of the estate? If they are beneficiaries, you must give them what the will states they should receive. For example, if the will gives A real property, that is what they are to get. If they do not want the property, they can disclaim their share of the estate. They CANNOT insist on getting something other than what the deceased left to them, particularly if it changes the distribution to another beneficiary. You really need an attorney to do this with you. I am surprised that the court did not suggest that to you.

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  • Can a judgment creditor of a FL corporation "Pierce the Corporate Veil" if the corp. pays the principal's personal expenses?

    This is probably an Asset Protection question... A judgment has not yet been entered against a corporation with basically no assets. The corporation does routinely pay for some of the owner's personal expenses. These payments are made directly an...

    Carol’s Answer

    Maybe. This is one of the ways that a court will determine if the corporation is truly its own entity or merely an "alter ego" for an underlying party (i.e., direct payment of personal expenses), but there are also other factors that must be taken into account. If there are no corporate assets, what is there to protect? I'm confused.

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  • Does a judge ask if all parties or beneficiaries are present?

    Two of five beneficiaries want to present a Settlement to a Judge. They have written out what they think should happen to a big asset. I am not active in this settlement in the sense that I do not agree to it. The big asset is in a different state...

    Carol’s Answer

    You have left out considerably more information than you have given; is the property subject to a will? has probate been properly opened? who is the personal representative? is the "big asset" real property? If the asset in question is real property, an ancillary probate will have to be opened in the jurisdiction of the property. Since you are already wrangling over the assets, can I presume that the creditors have all been taken care of? Typically, a probate judge works with a single party to whom they have issued letters of administration - that keeps them from having to decide who gets the china. In Florida, where there is more than one beneficiary, an attorney must be present. Your attorney will know how to direct you. I am going to go out on a limb, since I don't have full information, and suggest that if you are against whatever "settlement" (which, BTW, actually means a firm agreement between ALL the parties) the other beneficiaries are going to present, you'd best send a letter to the same judge to that effect. I would NOT count on the other beneficiaries to inform the judge of your existence. It would be HIGHLY unusual for a judge to approve a settlement that isn't one.

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  • Can a probate attorney also litigate in probate court?

    I am part of a trust and the trustee is not fulfilling the fiduciary duties. I would like to know if I need to hire a litigator or a probate attorney with litigation experience?

    Carol’s Answer

    What do you mean you are "part of a trust" - are you the beneficiary or a trustee? If you are the trustee, what makes you think that the trustee is not fulfilling their duties? There isn't really enough information to give you proper advice, but it would not be a probate matter unless the trust is a testamentary trust, it is a trust litigation matter. If you can clearly define what the trustee is doing wrong, you should hire a board certified litigator in your area.

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  • What type of corporation would I need to form to protect me from losing my SS Disability income?

    I need to protect my personal income in case of the company being sued or losing assets

    Carol’s Answer

    • Selected as best answer

    You seem to be asking two vastly different questions. If you need a corporation that will make your income judgment-proof, you will need to discuss what your business aspirations are with a corporate attorney. A lot will depend on where you form the corporation and where it is headquartered. Your SSDI income is going to be at risk if you earn in excess of $1090 per month (unearned income excepted). Can you clarify?

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  • Can you receive Medicaid & VA compensation at the same time in Florida?

    Mother has been receiving Medicaid assistance to afford assisted living, while VA application was being processed. Now that the VA application has been approved and pension is available, do we need to cancel Medicaid assistance?

    Carol’s Answer

    Maybe. It really depends on a) what she will be receiving from the VA, and b) if she is in a VA-approved ALF that they will cover. Medicaid is supposed to be a stop-gap measure for those of limited means. As mentioned by others, there are measure that can be taken if her pension will cause her to exceed the means-testing for long-term care assistance from Medicaid.

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