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Carol Anne Johnson

Carol Johnson’s Answers

3,031 total


  • How can I obtain the right to see my grandmother?

    My 88 year old Grandmother has Alzheimer (she is a resident of Miami-Dade County.) To summarize the story, she has been living with one of my uncles (who doesnt speak to the rest of the family.) She signed a POA to him a few years ago (before her ...

    Carol’s Answer

    Has your uncle given any reason for forbidding others to see her? Do you have any reason to believe that she is being abused or exploited in any way? If so, you should have an attorney contact him on your behalf to arrange a visit, otherwise, if you have legitimate concerns regarding her welfare, you can ask local authorities to do a "welfare check" on her to make sure she is okay.

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  • How do I go about setting up an SSI-Medicaid Trust and will that protect my mother's benefits?

    My 70 year old disabled mother receives SSI, SNAP, and Medicaid (all). Unexpectedly, due to a class action suit, we learned recently that her deceased father was owed money from a retirement plan. My mother fears that she will lose her benefits if...

    Carol’s Answer

    The quandary that your Mom is in is that she cannot accept it without triggering a reassessment of her Medicaid standing, and she cannot disclaim it without triggering the 5-year look-back. Your cousin was correct - the money needs to go into a Special Needs Trust so that your Mom will not be penalized and lose her benefits. Before accepting the funds, though, meet with a Special Needs Attorney to discuss her options. If she accepts the money and it remains in her account beyond the end of a calendar month, it will be counted as a resource. Time is of the essence here.

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  • Do we have any recourse?

    Hello, I am a Canadian living in Canada but who also owns 3 homes in Kissimmee, FL. One of the homes which is a long term rental has been handled solely by my management company in Florida. The home has been rented for almost 3 years since May/Jun...

    Carol’s Answer

    OK. The first thing that you need to do is to contact the tenant and tell them to send the rent directly to you. Then, you can go after the management company - whether or not that is successful is more predicated on whether or not your "escrow" account actually exists or not, it could be a total scam, hard to tell from your questions. Stop the money trail to the management company first, though. Then, hire an attorney and go after her. She is taking advantage of the fact that you are out of the country.

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  • Do you think it is a good idea to do it or not i'm confuse

    My house is in foreclosure & i have 45 days to move out but the judge said the bank can not sale the house only after 60 days but the lawyer who was helping me with the case have there own realtor groups they said they can do a short sale bec...

    Carol’s Answer

    I am going to take a stab at this - your question is very confusing. For the future, it is much easier to read a question that has more periods. If your home is in foreclosure and you are trying to short sell it, no, you cannot buy it back at the lesser price. The law and the bank won't allow it. A short sale package must be prepared (by you) giving the bank all of your current financial information and why they should accept your request for a short sale. The bank DOES NOT have to allow it! If you sell it to a "friend" who then sells it back to you, that is called fraud and could mean jail time for both of you. Not sure what 45 or 60 days has to do with a foreclosure action. That is not typically how it goes. If you do not like or trust your attorney, you may want to find another, but these are good questions to ask your current attorney. They know what is going on better than anyone here on AVVO.

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  • 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.

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  • 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.

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  • 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.

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  • 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..

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  • 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.

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  • 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.

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