Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. I am about to inherit approximately $30,000.00-$ $50,000.00 after my parents' estates are settled (they both passed within 6 mo)

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Heather Morcroft
    3. Robert Jason De Groot
    3 lawyer answers

    Maureen, you are in a very difficult situation and I am sorry! You really need to speak with a trusts and estates attorney who practices in the field of special needs trusts. They can advise you as to the tax implications of the inheritance and how to protect your eligibility for disability assistance from the increase in your assets. Unfortunately, back taxes and creditors must be paid from the estate prior to it being distributed to the heirs, excepting their home, if it was their homestead....

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  2. My mother passed away in September of 2012. She had a reverse mortgage on the house and the house is being foreclosed on.

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Pamela Thea Higer Polani
    3. Maximillienne Elliott
    4. Celia R Reed
    5. Dennis Michael Phillips
    5 lawyer answers

    While you will not be personally responsible for the debts of your mother, her estate (minus the house if it was her homestead) will have to first satisfy any of the claims from her legitimate creditors before her heirs (you) take any distributions. If there isn't sufficient money for the creditors to be satisfied, the debt is then extinguished - you are not responsible for paying it from your own finances. As to the house, if it is upside-down, and there are unpaid taxes, it will have to be...

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  3. What Is The Process For Setting Up A Qualified Income Trust? Does It Need To Be Done Through A Lawyer?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. David Michael Goldman
    3. Stephanie Sauer Woods
    3 lawyer answers

    You do not want to set up a QIT by yourself. Social Security is 'ruled' by their Policy Manual (POMs) by which their agents review trusts that are being used to qualify a disabled individual for means-tested government medical services (such as Medicaid). As confusing as the POMS is to many attorneys, it also changes on a routine basis and is currently being 'updated' for the nth time! I understand that you and your dad don't have the money for a full-blown estate plan, but you do have...

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  4. I am an only child and my parents divorced when I was young. A few years ago my father passed away without a will.

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. William Charles Rosenfelt
    3. Celia R Reed
    3 lawyer answers

    Yes, contact a probate attorney immediately in NY and make your claim for your rightful estate. Do you have the paperwork that you claim the attorney sent you? Did you sign any of it and return it? If so, you may have signed a disclaimer to your father's estate. Additionally, having been informed of your father's death, your claim to the estate may have already expired. A probate attorney in NY can tell you the answers you need, but do not delay - that is not beneficial to your cause!

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  5. Mother died April 2012. Estate never went thru Probate. To sell her house, how to expedite? According to will, my brother & I,

    Answered about 1 month ago.

    1. Carol Anne Johnson
    2. Lawrence Jay Davis
    3. Brandon Michael Tyson
    4. David Michael Goldman
    5. Harley Herman
    5 lawyer answers

    First off, you need your own attorney. His attorney does NOT represent you and what he does will NOT be in your best interests. Your own attorney can start probate and if any "commingling" was indeed done, can take action to have the money replaced into the estate. Are you certain that your brother was not a co-owner or POD (Payable on Death) beneficiary of the bank accounts? If he was, then the money conveys to him outside of probate and is his, unless you think he obtained access to the...

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  6. Now that my father has passed away,what will happen to the accounts he inherited from his brother 6 years ago.

    Answered 3 months ago.

    1. Carol Anne Johnson
    2. Brett Thomson Bradford
    3. Eileen D. Jacobs
    4. Betty Elaine Jones
    5. Michael Kevin Ruberg
    5 lawyer answers

    See this is precisely the problem with trying to get legal advice from family members - unless they are lawyers, the advice you get will most often be completely and totally bogus. Nothing escheats to the state unless there are no heirs. Period. If Mom is still living, and she was still married to Dad when he passed, and the children share the same ancestry, then Mom will get the estate. If Dad had children with another woman (earlier marriage?) then they will take 50% of the estate....

    9 lawyers agreed with this answer

  7. Irrevocable trust and Medicaid

    Answered 3 months ago.

    1. Carol Anne Johnson
    2. Joseph Franklin Pippen Jr.
    3. Daniel Del Collo III
    4. Shelley Ann Elder
    4 lawyer answers

    You were misinformed. In order for the trust to NOT be counted as an asset, it would have to be a qualifying special needs trust or third-party trust that follows very specific guidelines. IF, and only IF, the trust is properly set up as a 3P SNT, then it won't count. You need to have the trust reviewed by someone who specializes in special needs trusts as they will know what to look for. Typically, though, a special needs trust cannot pay cash to a disabled beneficiary, nor can she have any...

    9 lawyers agreed with this answer

  8. Brother stole mom's money by changing all of her bank accounts to "joint" with him. She died 1 and a half years ago.

    Answered 7 months ago.

    1. Carol Anne Johnson
    2. Richard Aldo Serafini
    3. David Michael Goldman
    4. Seril L. Grossfeld
    5. Gary Roger Waitzman
    6. ···
    6 lawyer answers

    1) Maybe (although the charge would be more along the line of fraud, undue influence, lack of capacity) 2) Yes. A will contest must be made within 3 months; however, since you are not contesting the will, only your brother' actions in fraudulently coercing your mother to sign over her accounts, the statute of limitation is 4 years (F.S. 95.11(3)). You can speak with the state attorney about having criminal charges filed, but if you are interested in recovering any money from him, you will...

    9 lawyers agreed with this answer

  9. Life insurance.

    Answered 8 months ago.

    1. Sabina Tomshinsky
    2. Carol Anne Johnson
    3. Astrid de Parry
    4. Dennis Michael Phillips
    5. Mark Russell Lewis
    6. ···
    6 lawyer answers

    No, she cannot claim benefits that you have designated to someone else. However, she does have a point that you are using marital funds to pay for the life insurance policy. Have you thought about making your wife a partial beneficiary with the bulk of the proceeds going to your daughter? If you should pre-decease your wife, will she have enough assets to live on? It might be something for you to consider.

    9 lawyers agreed with this answer

  10. I have a copy of original of my Mother's will. I have a copy which we both acknowledge true. She lost the original. Now what?

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Sabina Tomshinsky
    3. Senen Daniel Garcia II
    3 lawyer answers

    No. That is not sufficient to prove a copy to be an exact duplicate of the original. Best way to verify is to find the witnesses and have them appear before a court and attest to the validity of the will. There is a strict procedure the court will follow (upon petition) to "prove a will" if the witnesses can be found and can provide the necessary verification.

    9 lawyers agreed with this answer