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Carol Anne Johnson
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Carol Johnson’s Answers

2,809 total


  • My mother needs to sell her house to help pay for her assisted living. Her husband who is on the deed does not want to sell.

    She added him to deed when they married.

    Carol’s Answer

    Does she now qualify for Healthy Connections (SC's Medicaid program)? If so, the ownership interest in the home will not factor against her, however, the sale (and proceeds of the sale) of the property might. See an Elder Law or Special Needs Attorney in your area to see what her best available options may be.

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  • Lady Bird Deed: Can I make or buy a Lady Bird Deed Form and have it recorded myself here in NPR Fl, for less then 800.00?

    from my mother to me only. She just bought the home but wants to add me,She has a mortgauge but that's it no other assets in case of her death I will have a place to live. I can't afford 800.00 for an attny to do this. Please any advise would be g...

    Carol’s Answer

    • Selected as best answer

    The amount of $800 is (as noted by everyone) excessive for the mere drafting of a deed. However, if the attorney is also planning on having it recorded for you, that amount MAY also include the documentary stamp taxes that WILL be due to the state based upon 1/2 of the mortgage amount. You will have to pay that regardless of WHO drafts that deed. Your mother should consider speaking with an estate planning attorney to have the home titled to a trust for which you are the beneficiary. No transfer or doc taxes due on that.

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  • I have been named as a friends executor for her will as well as receiving her house.

    The friends sister has the will and has contacted her sisters attorney. Should I be receiving a copy of the will? Would not all parties listed in the will be sent a copy of this will? The sister wants me to declare disinterest in the house so s...

    Carol’s Answer

    If you have been named executor then you should certainly have a copy of the will, otherwise how can you "execute" it? Yes, all beneficiaries named in a will have a right to see it. If you disclaim interest in the home, you will be entitled to nothing. Nada. Personally, I would caution you against allowing anyone to take possession of the house before probate is final and an agreement has been reached. You will need to hire an attorney in the state where you friend resided. Typically, the attorney's fees for the probate of the estate are paid from the estate, as are any executor fees allowed by the will. Good luck. AVVO has some excellent probate attorneys in every state that can be found on the Find a Lawyer tab.

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  • How do i take his mom off his ssi disable check get every month

    Because he is disabled have spine memegist he own it when his mom put him on while drunk bleech when he was 3yr old so he cant work full time an can't go over his budget 750 ssi cut him off an etc so now he 43 and mom 62-64 had him she 19-20 so wh...

    Carol’s Answer

    If he is only on SSI and Medicaid, I agree with the advice of my colleagues. The issues only gets messy if he has (or may have) a) other assets or a settlement, b) cannot properly manage money. If those are not issues, then getting his own SSI checks can be accomplished as previously explained and is not a difficult process. If his mother, however, is his court-appointed guardian, it may be necessary for a court appearance. For the best advice, I recommend he see a special needs attorney in the area where he lives.

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  • Once you get a order granting constructive trust for property (car); but there's a lean on the car. Can it still be taken?

    The plaintiff is stating that I brought a car or used money as a down payment with funds from a health insurance check that was entitled to pay for my treatments. The checks were in the primary insurer name (my mom) and I wasn't living with her at...

    Carol’s Answer

    Your question is not entirely clear, but it appears that you purchased a car, correct? And, that you financed that purchase through a loan in the name of your uncle - is that so? If so, the constructive trust most likely relates to your mother (the insurer) and your ownership of the car. Whatever. The lien on the car is secured by whatever agreement you signed when you removed the car from the plaintiff's possession. It's like a house that is subject to a mortgage - even if the person who creates the debt (here, your uncle) no longer owns the vehicle (or, house in example), the debt ATTACHES to the car or home (think, collateral). So, if you want to keep the car, you must take responsibility for repaying the loan, or the car goes back to the lender.

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  • Can my 99 yr old mother buy a car with the title in her name. As a daughter and caregiver, I would be the driver.

    We are trying to protect her assets, and my car has over 126,000 miles and is in need of constant repair.

    Carol’s Answer

    If you buy a car with your mother's POA for your benefit, you may be in violation of the your duties as fiduciary. And, if as you state, she is demented, and your POA is not durable, you have no rights to sign for her at all. BTW, buying a new car does NOTHING to protect HER assets. In fact, it may be impossible to insure at her age and mental faculties. You should just get a car in your own name. It will be easier.

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  • My girlfreinds brother,took everything her unmarried with no kids little brother left when he passed..

    this caused a break in the family..20 years later the mother passed..How can this fact be brought to bear,in a probate matter for the mothers assets. How can he be cut out or given, less ,due to what he did years ago...We know we cant sue him,it s...

    Carol’s Answer

    Probate of an estate is either by will (testate) or by the laws of the State of Florida (intestate). If the mother was intestate, the law does not evaluate a person's character or prior bad acts before determining whether or not they have an inheritance due them. If there is a will, the will dictates what will go to each of the heirs. There is no discussion with the court about it - it is the mother's money and she can do with it as she pleases, regardless of how any one else feels about it. Spouses and minor children are protected by state law, but that doesn't seem to be the case here. Sorry.

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  • My friend has died and left me as executor. Should I read the will before turning down the job as executor?

    Her sister has the will and wants to be the executor. They live in a different state than I and it would be more logical for the sister to take on that role.

    Carol’s Answer

    There is probably a reason that she wants to be executor and it may not be out of the best of motives. If she is unwilling to share the will with you, you can, as the named executor, demand it of her or demand that she file it with the court. There is probably a good reason that she was not named the executor in the first place.

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  • What can you do when a judge refuses to send a order for a letter of remand and it is holding justice up for years?

    My mother died five years ago. The probate judge removed the executor and appointed a special administrator who immediately found nearly a million dollars removed and moved around the estate. The executor appealed which took a year to hear. The ...

    Carol’s Answer

    If you believe it is a criminal matter, then you should approach the Prosecutor's Office in Charleston at 843-965-4148. They may (probably will) tell you that it is a civil matter and refer you to private counsel. Make sure that you have all your facts straight and in a chronological time-line, if possible.

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  • Can an ex-wife or grown children claim property if the ex-husband purchases it after a 10 year divorce?

    The ex-husband wants to purchase a home for he and his significant other, but is concerned that he is not married to his now significant other and his adult children or ex-wife can claim the house if something happens to him. Can he will the house...

    Carol’s Answer

    OK. If there is no Will - ex-wife and current GF get NOTHING. Children will take all. Options? Have a will / trust drafted that leaves the home to GF, or title the home in both your names as Joint Tenants with Right of Survivorship. If you choose to create a trust, you will HAVE to title the home in name of the trustee of the trust.

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