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Carol Anne Johnson

Carol Johnson’s Answers

3,026 total


  • Given 3 day eviction verbally d/t non payment of rent d/t rat infestation

    I have been verbally given a 3 day notice do to non rent payment. We have had rodent problems for the past 8 months as I've explained to the landlord. We even have the rats on video. She finally sent an exterminator out but all they did was throw ...

    Carol’s Answer

    There is no such thing. All landlord / tenant notices must be in writing and substantially similar to the Florida statutes. So, you don't have to leave. However, in order to avoid eviction, you must pay the rent. Why would you want to stay in a rat-infested rental? Regardless - she cannot just tell you to get out, nor can she change the locks, turn off your electric services, etc. If you get an eviction notice, pay your rent into the court registry and counter-sue for the rat problem. Or, just move into a nicer place!

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  • How they take vehicle back from me??????

    My husband expired and purchase a vehicle with no credit life insurance, my name not on it loan and bank said he order to keep ;I must re-finance . I just want make monthly payment until satisfied,could they take the vehicle back I already made on...

    Carol’s Answer

    I'm sorry for your loss. If the bank wants to take the car back unless you refinance, you may want to speak with the manager and assure him that you will make the payments on it. Ultimately, that may satisfy them. The only reason they want you to refinance is so that they have you legally obligated to pay the loan - right now, you aren't. Understand that if you cease making payments, they can re-possess the car, but they cannot ruin your credit - unless you refinance in your own name.

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  • Do I have to file my mother’s pour-over will?

    My mother is a Florida resident and has all her assets titled to a revocable trust except her personal household belongings, which are worth $10,000 or less. The household belongings will go into the trust via a pour-over will at the time of he...

    Carol’s Answer

    Yes, you must file the will with the probate court within ten days of your mother's passing. However, they will not come after you if you don't get it done in that amount of time. If the personal belongings are of minimal value and the beneficiaries can agree on how to divide them up, there should be no need to start a probate proceeding.

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  • Can I have Trust modified to reflect these circumstances. Does the Trust Protector have the authority to facilitate modification

    I am primary beneficiary of a Trust. Circumstances have changed drastically since the date the Trust Instruments were created.

    Carol’s Answer

    The trust will contain instructions for what circumstances will allow for amendment. The trustee will have to follow the trust instructions. Your position as beneficiary and how you take distributions are entirely up to the trust instructions. You need to have an attorney review the trust and the reasons you want it amended and see if there is any provision in the trust for doing so. Otherwise, you will be out of luck.

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  • What are my rights as his wife of 28 yrs towards his benefits or any money in a 401 k?

    My husband has end stage alzheimers. He is on medicare disability. We are starting the process of placing him in a facility.

    Carol’s Answer

    You will need some help with an estate and disability planning attorney. Medicare will not cover long-term care. If you don't have long-term care insurance, your only option will be to qualify him for In order to not become impoverished yourself, before you get him into care, you need to find out what options are available to you, as the community spouse. SC offers a number of options that may be good for you, including their long-term care insurance partnership (see the link below). See an attorney right away. I am so sorry this is happening to you and your husband.

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  • Can HOA foreclose when owner is not in default with mortgage and wants and trying to pay late HOA dues

    i had a hardship losing mother and dealing with probate for almost 2 years was nightmare. I did not realize my HOA fees had not been paid up to date and tried to call the association and they were very nasty and made offensive and discriminatory c...

    Carol’s Answer

    Very sorry about your difficulties, but, to answer your question; yes, the HOA can absolutely foreclose if you do not get caught up on your late fees. Some HOAs have fees that are not mandatory - this would not appear to be one of those. Pay them up or they can and probably will foreclose, in which case, you will STILL owe for the mortgage, but someone else will own your home! Call an attorney right away!

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  • Is the house considered her property, even though refinanced? Are we legally allowed in SC, to clear out her personal belongings

    My aunt passed away and has no will, no spouse or children. My mother, here sister is the last sibling. My aunt had refinanced her house and in SC, if you own property, it must go through probate. We, my mom and I have no interest in being th...

    Carol’s Answer

    As my colleague has stated, it sounds like you will have to do a probate in order to legally "clear out her belongings". In SC, property isn't just real estate, but also includes other personal property of any value, bank accounts, investment accounts, IRAs, etc. Best to consult with a good probate attorney in your area to see what sort of assets may need to be probated. Mr. Miller would be a good place to start.

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  • What can happen to me in the even that the Family trust in my father's name whom was deceased years ago it is a revocable trust

    I am filing bankruptcy and it was done prior to my mother's death she had a revocable trust during lifetime, now became irrevocable.Can creditors see this trust of my families. Sister and brother other two survivors. Owned my business as well but...

    Carol’s Answer

    OK. You have many, many issues - not the least of which is your disability determination - that needs the advice of a good attorney. Rather than seeking out a bankruptcy attorney, you should seek the advice of a good estate planning attorney who has experience with disability law and special needs. The irrevocable trust will need to be reviewed to determine how it will affect your bankruptcy and your ability to obtain / maintain government disability benefits. Depending on how much discretion the trustee has, your trust may or may not be considered an available resource.

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  • Can a 55+ community force the family of someone grandfathered in to move?

    I am 28 years old and have a 7 year old son. I recently moved to a 55+ community in florida to live with my 26 year old fiance. The community falls under the HOPA law but he lived in the community before the law was enacted (since 1990) and has th...

    Carol’s Answer

    Unfortunately, for you and your family, once a community is registered as being a 55+ community, they MAY legally restrict the ages of the persons living there. The reason is that these older residents are not used to nor do they want rambunctious children having fun and interrupting their naps! Does your fiance own the residence in the community, or do you rent? If you own, does the community allow for rentals? If so, I suggest that you and your fiance take advantage of the timing and rent out the unit. Otherwise, put it on the market and try to get it sold. This is a great time to sell in Florida - particularly after the horrible snowfall in the NE. This time, the law is NOT on your side. Make the best of it.

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