Skip to main content
Carol Anne Johnson

Carol Johnson’s Answers

3,027 total


  • I am one of three co trustees on my parents trust who have passed away.I have asked for an accounting and received nothing.

    My sister, brother and I are all co-trustees of my parents trust. My parent's wills left everything to their trust. My parents have passed away. I have asked several times to see an accounting of the trust, from my sister who was POA. (it says in ...

    Carol’s Answer

    If you have an attorney, they will be the best party to ask. Without seeing the trust, no one in this forum can properly advise you. If you don't trust your attorney's opinion, then you should probably hire someone you trust. But, we cannot second-guess her.

    See question 
  • WHAT DO I NEED TO DO TO GET THIS DONE. WHERE WOULD I GET THE FORMS NEEDED.

    REFINANCING MY HOUSE. WIFES MOTHER NO LONGER LIVES HERE (SHE IS IN AN ASSISTED LIVING FACILITY), ( DAUGHTER JOANN IS POWER OF ATTORNEY) MOTHER HAS NO CLAIM TO THE HOUSE. NEED TO REMOVE HER FROM THE DEED. ALL PARTIES ARE IN AGREEMENT.

    Carol’s Answer

    If your MIL is on the deed she absolutely does have a claim to the house - she is a part-owner!! By "all parties" you best be including Mom! As Attorney Sosas points out, this could actually have a severe negative impact on your MIL's Medicaid eligibility to the extent that, if treated as a "gift" would trigger the 5-year-look back period. Don't go this alone - it is really too risky. There are many, many matters to be considered. Hire a good elder law attorney to help you sort through all the ramifications before blundering into an irreversible error.

    See question 
  • Deed the causes revocation of beneficiary deed

    Does a later recorded deed cancel a previous beneficiary deed (lady bird deed)? If grantor simply reconveys the property to himself (From Sam Jones, a single man, Grantor to Sam Jones, a single man, Grantee) - without saying in the new deed that h...

    Carol’s Answer

    Well, while it may be legal (I certainly wouldn't draft it that way), it is a problem for title companies when the property is up for sale. Additionally, if either party to the LB deed are no longer available, it may require a quiet title action to make the title marketable again. Is this deed being drafted by a real estate attorney??? I would think not. "Sam" is saving a couple of bucks today to spend many, many dollars down the road. Just sayin'. And, no, nothing is ever automatic.

    See question 
  • Do I have the legal right to file a Motion to Strike, is it an appropriate action?

    My neighbor is suing me for quiet title and ejectment, but he did so after I removed the privacy fence and gate that we put up together and stretched across the front of both of our properties. I removed the fence&gate, I installed a new fence w...

    Carol’s Answer

    You also cannot afford to play attorney and start filing pleadings that you do not understand. Good way to extend the case and get in trouble. If your neighbor does not proceed with case, the Statute of Limitations will bar further prosecution (i.e. he will run out of time), however, if you continue to file pleadings, you merely extend his time to reply. Keep track of when his statute of limitations runs out and then Move for Dismissal..

    See question 
  • Will the income affect the disability benefit?

    I receive disability payments and want to purchase and manage a small business which will be part of my revocable trust.

    Carol’s Answer

    Yes. Additionally, your ability to work MAY affect your disability payments, since they are predicated on your stating that you are too disabled to hold a job. Hire a good disability attorney. The SSA will review your disability status on a periodic basis and do not believe that they will not verify your responses! Their legal team is very good at spotting those who are working full-time and still taking benefit - they go after them for a reimbursement of the disability funds and for penalties because of fraudulently reporting a disability. Speak with an attorney first so that you know what you can and can't do.

    See question 
  • What forms or processes would be needed to apply for legal guardianship of an adult?

    I have a 19-year-old autistic son. It was recommended to us to apply for legal guardianship so that we can help him by signing forms, getting medical services, etc.

    Carol’s Answer

    There are varying degrees of competence in the autistic spectrum. My own son is also autistic, but is very high-functioning, so we have chosen not to go for a guardianship and instead have a range of Advance Directives and a Trust for him, of which I am the Trustee. Depending on how capable your son is, a conversation with a special needs attorney would be a good starting point.

    See question 
  • Can I go after inspector and what are my options for this? I have been out LOTS of money now.

    I paid for an inspection and found out later that the inspector did not inspect the house correctly and missed some very important issues.. I was from out of state. When finally moving to properly I find a bunch of stuff that was hidden by seller...

    Carol’s Answer

    I really hate to keep hearing stories such as yours - mainly because they are so easily avoided! You need to make a 'note to self' - when purchasing an out-of-state property, hire a good attorney to keep track of things that may come up. Did you not make a final inspection / walkthrough before you closed? Since most of the inspection and walk-through are your responsibility, the realtors are correct that you are pretty much on your own here. Since most of the items you mention fall under the "observable by inspection" category, you cannot sue for not seeing something that would have been apparent had you done a walk-through or hired your own inspector. So sorry this has happened to you. Lesson learned.

    See question 
  • Lady Bird Question

    I understand that their are benefits with Lady Bird Deeds, but what I don't understand is what use they end up being if they don't allow the remainder person to sell due to unmarketable title. So really, what is the benefit in the long run? Can ...

    Carol’s Answer

    There is nothing inherently "unmarketable" about a lady bird deed that is validly prepared by a good real estate attorney - same can be said for any deed. If you get one off the shelf, you have to be able to fully understand the implications of how a person is named to take title or you can get into title trouble. But, these are very valid deeds for maintaining control of an asset until after death and then being sure it passes out of probate to the remainder. How is trouble avoided? Have it drafted by a good attorney.

    See question 
  • Where do we go from here?

    We are buying a moble home we have been here for 2 years, the county shows up and says the taxes have not been payed by the former owers i turn this notice over to the company we are buying from july 17,2014. I guy shows up with legal papers sayin...

    Carol’s Answer

    You immediately need to hire an attorney. You may have a cause of action against a) the person who sold you the property for non-disclosure of a material fact, and b) the title insurer and/or the attorney who handled the closing. Yes, if taxes were not paid after the county gave you notice that they weren't paid and someone buys the tax deed - the home is his. Hire an attorney.

    See question 
  • What steps do I have to take in order to get this accomplished?

    I have an LLC set up and would like to put a commercial property that I own that's currently in my personal name into the LLC name. I'm in Florida and the LLC is registered with SunBiz. It's a retail office building. By May, I would have to file...

    Carol’s Answer

    To add to what Attorney Deason has said, is the property currently mortgaged? If so, there may be docs stamps involved and the mortgagee may not be interested in removing you as an interested party, so the benefit may be limited. Additionally, many insurers will not insure a property owned by an LLC - which is beyond me, but you will want to check with your current insurer to make certain that they will not drop coverage. As stated, though, legal assistance will be important in drafting the proper deed to accomplish this transfer.

    See question