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Carol Anne Johnson
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Carol Johnson’s Answers

2,850 total


  • I need to give social security my new medical records

    How do I give social security my new medical problems they affect my life tremendously I can never work again I have neurological problems and others they said I had to wait till 2016 but I've been having financial problems cause some medication I...

    Carol’s Answer

    Who are these "others" you are talking about? If they are the SSA claims rep, or an SSA Attorney, why are they telling you to wait? Typically, if the SSA needs medical records, you should provide them otherwise you risk being denied further benefits. If you are still in the process of claiming disability, there is a two year waiting period after the first date on which you qualified for benefits, after which full benefits become available, but Medicaid can be used to fill in. Your question is unclear, so we don't really know what to tell you to do.

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  • What does a personal representative have control of if the original representative is deceased?

    My dad has a settlement but passed before it was distribute to him I received a letter telling me to sign to give my aunt authorization to represent his case but i don't understand why she has to be in control of the claim if all of his kids as be...

    Carol’s Answer

    I don't know what you mean by "original representative" - in Florida a Personal Representative is appointed to probate an estate. As to your Aunt, without knowing more, I can only guess that she doesn't HAVE to be in control, but she WANTS to be in control, for some reason. That would be good to find out. If she is an attorney, then she may have the legal skills warranted to act as the representative in the legal settlement, otherwise, your guess is as good as mine.

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  • How soon after a death should a person that is listed in a will get a copy of said will from the exec of the estate

    the will is in south carolina

    Carol’s Answer

    Once probate is opened in SC, and the executor has been appointed, you should get a copy of the will and an accounting of the assets. If you don't want to wait, you can also get a copy from the Probate Court in the county where the deceased resided at the time of his / her death.

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  • I still live in my mother's house after her passing. It is still in probate. It was left to me and my younger sister.

    My brother is the executor. Can he take the house from me or make me move?

    Carol’s Answer

    It depends on the content of the will. No one can say unless they have a good look at the will. What do the Final Orders from the Probate Court stipulate? Your brother needs to understand that it is NOT his estate - it is your mother's and her wishes need to be carried out as directed in her will. Note that you will owe some rent to your sister since you are sharing the ownership of the home. You cannot just live in it for free - she owns it, too. That may be where the controversy is coming from.

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  • Can I fill out and submit the forms requesting Summary Administration of my Grandmother's estate without an attorney?

    My mother was my grandmother's beneficiary. I was my mother's. My mother predeceased my grandmother. No probate filed because my grandmother died in Maine in a nursing home. No bills, and no property owned. I found some unclaimed property (in...

    Carol’s Answer

    It's really hard to say from what you say here. If your mother predeceased your grandmother, it will depend on what your grandmother's will states will happen if the beneficiary does not outlive her. If there is no provision, and your mother was your grandmother's only relative, then the inheritance MOST LIKELY passes directly to you. You will have to sign an affidavit to the effect there are no other heirs. Leon County MAY require that a probate be started in Maine and then an ancillary here in FL to transfer the property, but some places will accept a "small estate affidavit", in lieu of a probate filing. You can ask the clerk for help with this, but understand that they cannot give legal advice.

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  • I was sent a health ins premium refund to dads estate. I am legal guardian/cons. Do i just show death cert to cash?

    His guardian account is closed and the funeral expenses are all paid. The small amount of household items was divided. He lived in poverty. Split with other siblings?

    Carol’s Answer

    "Split with siblings?" - as opposed to what??? The money belongs to the estate and must be divided among the legal heirs of the estate.

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  • Social Security Administration Notice of continuing review.

    We have a received a review of Continuing coverage for SSi. We are looking for someone to complete this form for us. We are also on military disabilityl Thanks Please advise of cost.

    Carol’s Answer

    In addition to Attorney Lonetto's reply you need to realize that AVVO prohibits attorneys from soliciting business on this forum. Speak with your attorney about helping you with the new form. SSI does this periodically to help ensure that only those that truly need the benefits are being covered.

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  • Can a Judge grant Medicaid coverage over Private insurance?

    I'm headed to mediation and my ex gave advised that in order to save on deductibles and copay I should move my two dependents to his Medicaid plan. I also want to save money but he is claiming for Medicaid and is lying about his income Will a cou...

    Carol’s Answer

    No attorney on this site is going to advise you to do something that is illegal. Much of what you are asking is unclear, but you need to discuss this with your attorney PRIOR to perjuring yourself before a judge.

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  • Do I have marketable title to my condo?

    My mom died and left her condo in a living trust with me as the only beneficiary. She was the trustee, but the trust says "In the event of my physical or mental incapacity or my death, I hereby nominate and appoint as Successor Trustee hereunder ...

    Carol’s Answer

    Without being able to first review the trust, it is hard to say if it is a valid trust. Do you happen to know who drafted it for your mom? You may want to have the trust reviewed or simply have a certificate of trust prepared with your acceptance of the position of successor. You may need to sign an affidavit that you are the intended successor trustee and that the trust is still in force, for the title company. Ask them. They will let you know.

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  • Requesting omitted spouse share of an estate.&Personal Representative filed an answer&counterclaim disputing the claim.(??)

    @ abt 83yrs a widowed man is diagnosed w/ dementia. Sept 13, 2008 @ age 88 he married w/ the understanding that b4 the marriage, what was his went to his children & what was hers went to her children after death. Man dies April 5, 2013. Wife file...

    Carol’s Answer

    Attorney Grant gave an excellent explanation of the law of SC. The court will look at the date of the last will and testament and if it was updated at any time subsequent to the marriage in order to help determine if the omission was intentional or unintentional and then apply the pertinent law. Without a pre-nup waiving the spousal rights to the estates, she will get SOMETHING.

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