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Carol Anne Johnson
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Carol Johnson’s Answers

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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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  • Signed a temp guardianship form with paternal grandma, she passed away family trying to say i cant get my kids, can they stop me

    signed form was notarized granted paternal grandma temp guardianship of my boys til i could get on my feet, never filed thru court, she died 3 weeks shy of my kids return home date family is saying i cant get them, can they stop me what if any for...

    Carol’s Answer

    No. They cannot keep you from your children. If you are their parent, then your rights are inviolate, barring a court order removing them from your care. Have an attorney draft a letter to the "family" telling them exactly when and where you will be picking up your children. This is not an estate planning question as children are not possessions. I am moving your question to child custody.

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  • Sibling produces dubiously suspicious Durable Power of Attorney; responding when so much appears like fraud/breach of duties?

    Agent/sibling displaying multiple breaches of duties resulting in fraud and abuse towards the principal and third party. Issues range from contract created dishonestly, with improper motives and clearly not in the best interest nor acting in good...

    Carol’s Answer

    If the POA is fraudulent or obtained through undue duress, it can be challenged. Your priority, if everything is as described, is to hire an attorney who can properly assist you in taking appropriate action.

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  • Can I be forced to move from my deceased grandmothers house?

    My Grandmother passed away nearly 2 years ago the home was awarded to my aunt and uncle (brother & sister) after my grandmother passed and no will was found and the deed is in both of there names. I have lived in the house for my entire life inclu...

    Carol’s Answer

    Yes, unfortunately, they can. Since you haven't paid any rent or (I presume) upkeep on the house, you are lucky that they have allowed your to remain in the house this long. As my colleague states, if your Grandmother intended you to have part of the home, she would have had to put it in her will or a trust for your benefit. It would appear that she had other plans since the title is in the names of your aunt and uncle. Your best option is to find another place to stay.

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  • What happens to Property Management agreements when the sole broker/property manager passes away?

    My acquaintance, who was a Real Estate Broker passed away. He had a portfolio of 20+ homes under property management agreements. He was the sole proprietor in the business. He did not leave a will nor is anyone in his family licensed or able to ta...

    Carol’s Answer

    I think the gist of your question has gone unanswered - if the homes that your friend managed were ALSO subject to the acquisition of tenants by him, then, yes, his family will need to have a licensed real estate agent perform those functions, or become licensed to do so. Prior to soliciting business that is legally contracted to another (which creates another legal morass) you should reach out to the family and offer to take over the real estate aspects of the management for compensation.

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  • My spouse died and changed his will our assets life insurance and hid money with his sister. She is trustee.I have kids 15 ,18.

    She has lied in court about life insurance and used our homes as her own even doing appraisals on homes taking things for herself. Leaving me with two kid and a bunch of debt. She is trying to sell his business at a loss and protecting her inter...

    Carol’s Answer

    OK. I understand your frustration, but you are using conflicting terms. Does he have a will or a trust? If he has a will, it will be part of the probate proceeding where the court will appoint a Personal Representative. If it is a trust, there won't necessarily be a probate proceeding (except to probate the residue left in the will) and there will be a Trustee appointed by the trust instrument itself. You need to hire an attorney. You will NOT be able to fight this yourself as you are not versed in the law that protects your interests and those of your children. Call a probate litigation attorney to help you with this.

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  • “in circumstances where a Residuary Trust is set up that includes a trustee, is the trustee obligated to provide an accounting?

    “in circumstances where a Residuary Trust is set up that includes a trustee, is the trustee obligated to provide an accounting of the trust in question AND is the trustee permitted to make withdrawals from the 'overseen' trust without the knowledg...

    Carol’s Answer

    Typically, a trust will include directions for the powers and obligations of the Trustee. So, depending on the nature of the Trust, the Trustee is typically permitted to make expenditures for accountants, attorneys, etc., for the benefit of the trust; make sound investments; buy and sell properties; and, whatever else the trust directs them to do. They do have a fiduciary duty to manage the trust "for the benefit of" the beneficiary and cannot use it as their own bank account for personal items (called "self-dealing"). Most trusts require at least an annual accounting to the beneficiary(ies) of the trust. Without seeing the particular trust, it is impossible to guess what it provides.

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  • Can I take my brother to court for this?

    Since December of 2014 my mother and older brother have been staying with me and my family. I told them they could only stay if they promised to help out with bills and groceries. My mother has a full time job and a part time job and has been doin...

    Carol’s Answer

    This is precisely why everything that is "agreed upon" must be in a form of a formal, written agreement. If you already knew that he wasn't helping out in the smaller house, why on earth did you allow him to move with you to the bigger house without putting his responsibilities in writing?? He is taking advantage because you have let him do so. Since he has NOT paid anything, yours is a matter for "unlawful detainer" - not an eviction. You will need an attorney to help you get him out.

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  • My husband of 12 years wants the divorce, can he block me of having his SS benefits when I reach 62? I'm 56

    He wants me to sign up an agreement giving up my rights to his SS benefits, and buy me out of the mortgage in our home.

    Carol’s Answer

    Look. You are 56 - you REALLY need to have a divorce attorney AT LEAST do a review of the settlement he is trying to foist on you. As the others have said, he is trying to negotiate with things of which he has no knowledge. Don't do this to yourself. Would you walk away from a business deal in which you invested 12 years of your life without an attorney to represent your interests??? Don't do it now. You were a partner in the marriage, make sure that what you get is fair and square. An attorney can help you figure out what that is.

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  • Issues with disability - temporary approved - Where is my retro!!!!

    I am writing this on behalf of my uncle. He was temporarily approved by disability. In specific, SSI, because he did not meet the required income credits for disability. My uncle has been filing since 1997. In these past several years, every la...

    Carol’s Answer

    OK. Take a deep breath. From the gist of your question, SSI is not "pay" (i.e., as far as earned income from doing work) - it is a government benefit. While SSDI will pay back benefits to the point where a person first became disabled, SSI will ONLY pay back to the point where a person LAST filed for benefits. So, if your uncle filed for benefits in 1997 and was turned down, but then NEWLY filed in 2001 and followed the appeals process through to the bitter end and was awarded benefits, he will only get retro benefits payable on the LAST time he filed (in this example, 2001). That is why it is important for people to NOT let the statutory time limits expire for appealing a filing. That would be my guess is that he let a period for appeal to lapse and had to start the process over. Sometimes, this is why it is best to have an attorney help with the process all the way along. If you believe that he does have some additional benefits coming to him, you should appeal the decision - just don't call it "back pay" since he hasn't done any work to earn it - they are benefits.

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