In WV disability checks from the VA and social security are not able to be used for child support. Is this the same in Florida? Going through a divorce and since we I stayed there with my ex over 6 months Forida is handling the divorce.
Just out of curiousity - why are you reluctant to pay child support for your child(ren)??? Child support payments are NOT alimony - they are for the support and benefit of your children. If your disability is such that you cannot afford to pay anything except a pittance for the support of your children, something may be able to be worked out with the family court judge.See question
My brother has been misusing our fathers estate. He has been living in our fathers house rent free and letting others live there and charging them rent. Our father willed the house to me and him as cotenants. The house has been declining in value ...
Two things - 1) hire a Kershaw County probate attorney to find out what has happened with the probate proceeding (my guess = nothing), and 2) IMMEDIATELY satisfy the back taxes so that the house does not end up sold on the courthouse steps. Do both of these quickly, time is of the essence.See question
Our father died 6 years ago and the repersentive has mis used our fathers house for personal gain. The house was willed to both of us under a joint survivership clause but has not yet been deeded. The estate is still open. The repersentive has bee...
No, but what you can (and should do) is contact a probate attorney in your area to investigate and (if needed) file a motion for a hearing on the matter with the probate court. Yes, the PR can be removed. Why on earth has it taken 5 years for you to do anything about this? Probate should have been initiated upon your father's death.See question
I am a young adult who has a 71 Mother living with Bi-Polar Disorder and Personality Disorder. The trouble I am having is that she resides in a 55+ community since she is 62 where people find out her personal details and she has been robbed, taken...
Good that you are watching out for your Mom - but, I do entirely agree with Attorney Sosa. If you Mom can't manage her money, she becomes an easy target for those who would do her out of it. About reporting the nefarious neighbor, I would be very careful about not making any accusations that are not proven facts. Otherwise, you may find yourself in hot water. Do get a DPOA (durable power of attorney) for your Mom and / or a guardianship of her property.See question
Lady receiving Medicaid and is in a nursing home. She recently received an inherited IRA check (from Fidelity) from deceased spouse. Can she purchase an annuity or life insurance?
The answer is "maybe" - if she has not yet deposited the check into her account, she needs to seek the advice of a special needs attorney, who can best advise her about the various methods of utilizing the money so that it doesn't interfere with her nursing home care of Medicaid eligibility. Many special needs attorneys will go to visit her in the nursing facility. If she has already had the check deposited, her options are more limited.See question
A few months ago a beneficiary got a DPOA executed, I recently learned of this. I have since been appointed Acting Trustee. In the Trust I am listed as DPOA for both financial and health. I understand this is unusual but it was the Grantor(s) wis...
First off, a trust has a Trustee - not an Executor. Is there also a will? If so, are you also the Personal Representative of the will? If another Beneficiary holds a DPOA (I am presuming for the Grantor of the Trust) that post-dates the Trust and is otherwise valid, then it is valid. ALL DPOAs expire upon the death of the Principal, regardless of what a Trust may state. Either you are misreading the trust document or it was poorly drafted. You should take it to an estate planning attorney so that you can have it explained to you and what your role is now or will be in the future when all the Grantors have passed. By the way, the best way to determine the Grantor's intent with regards to this second DPOA is to ask them.See question
I have a sister that told his job that she does not want the money but I was told to have to establish and estate and let her know . I do not know the process of and estate.
Why have you waited for a year to hire an attorney to do this? Of course, you don't know the process of administering an estate, if you have not gone to law school. FL law pretty much requires an attorney in a case such as yours where you are not the only beneficiary - the type of probate will be dependent upon how much the estate is worth.See question
In 1995 my mother signed a will leaving everything to my father (now deceased), and then to me, (her only Son), if he did not survive her. Since that time, she started having TIAs, and later some mild confusion. Under the influence of a church me...
Absolutely not! If your Mom is still alive, you need to ask her about it - understand, though, if she is not legally competent, then YOU could be accused of "undue influence" in getting the beneficiary designations changed. If the money belongs to your mother, it is hers to do with as she wishes, and she can leave HER money to whomever SHE pleases. Many people remember their churches in their wills or as a beneficiary of a CD - not unusual at all. Certainly, not an indication of undue influence or incompetence.See question
Can an attorney practice Probate if they do not specialize in that area and still take on a case with no experience?
The answer is a qualified "yes". As mentioned, only attorneys that are Board Certified can call themselves "specialists" in a particular area of law. However, any attorney licensed in Florida can practice any type of law. So, what is the qualifier? The Rules of Professional Conduct prohibit an attorney from practicing any area of law without being competent in that area. Competence can be achieved through research, study, mentoring, etc. EVERY practicing attorney starts out with "no experience".See question
Or does it go to support the child and put a roof over the child's head?
If your child is the recipient, you are the Representative Payee. The money is your child's, but can be spent for their benefit. As my colleague mentions, SSA will want to see an accounting of how / on what the money is being spent. I suggest putting the money for your child in a separate bank account to help you keep track of it.See question