Lance Martin McKinney's Answers

Does a beneficiary of a will or trust have a legal right to view the contents

As a named beneficiary in either a will or trust - you have the right to a copy of those instruments. You also have the right to other information, such as the pleadings (court papers) to conduct the probate, if done. The right to a copy of the will or trust is enforceable even if you are only getting a nominal amount like a $1. The law requires that anyone with the original will - must file it with the court within 10 days of death. There is no fine or penalty for failing to do so - but...

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My husband died Do I have to pay a credit card debt my husband owed in his name only?

About 10 years ago, Florida courts determined that a spouse is not automatically liable for their deceased spouses debts. If you promised to pay the credit card debt (your name was originally used to issue the credit card) then you are responsible. Florida also has a two year non-claim statute, which means that two years after your husband's death (if no probate established) then all claims are barred. If you ran up a bunch of expenses on that credit card, there may be an argument by the...

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My 21 yr old son is jail. he is not capable of making desicions for himself. can i gain gaurdianship over him

Guardianship can be brought for any incompetent person in Florida. This would be very helpful for you to aide him in trying to deal with future care and avoiding future criminal issues. Capacity / competence in criminal matters is different than civil competence - so don't think that a guardianship will mean that he is "innocent or incompetent to stand trial". You will want an attorney that works in guardianship cases. Lance www.omplaw.com

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Will I lose my homestead exemption if i put my property into a living trust with me as grantor and trustee in Florida?

Florida law allows a person to claim homestead when the residence is held in a revocable living trust. Many lawyers will put specific language in the trust to help establish the retained rights for that purpose. If you are married - there are specific things that you must consider in that transaction. You still need to live in the home to claim it as homestead. If you are in Bankruptcy or have creditor issues - you should consult an attorney on these issues before doing the transfer. A...

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Dad in ICU, how to get guardinship, doc wrote in file not mentally fit. budget worry, help, what to do in Fl. how do I help?

You will need to see an attorney about a guardianship. That is the only option if there is no power of attorney by your father to yourself. Some attorneys will be willing to take the case based on your father's assets. Lance www.omplaw.com

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Can a durable power of attorney cross state lines. I live in Florida my brother is in Georgia. I want to give him duraable poa

The power of attorney must be drafted to meet the requirements of each state. Florida has some of the tougher standards. These include 2 witnesses and a notary. Your attorney in fact can act from any state he is in for you in Florida.

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Is there a charge for getting guardianship?

You will need an attorney to establish guardianship over a person in Florida. The process also includes a number of professional which makes the cost higher. There will be an attorney appointed for your mother and there will be an examining committee of 3 persons. Every county runs guardianship a little different and the rates of compensation vary across the state. You can expect fees and costs to range 6,000 to 9,000 for uncontested cases when you add in all the fees for examination and...

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My father passed away and my mother has Alzheimer's. My sister has POA, can she be giving things in my mothers estate away?

You mention that your mother has Alzheimer disease. This may mean she is incompetent - but there are many stages and degrees of that disease. Powers of attorney are not supervised in Florida. The other recommendations given are to demand information (such as copy of power of attorney and list of property actions) Attempting to resolve questions is always best prior to dragging it into the courts. However, there is no duty that your sister report to you unless that was included in the power...

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Roommate eviction

A power of attorney in FL can authorize you to sue or defend lawsuits (including tenant eviction). The power of attorney must state the authority to do this. If rent had been paid and is due then you can use the 3 day notice, otherwise you should use the 30 day notice of terminating tenancy.

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Mom's allowable expenses and medicaid application

Medicaid is a Federal and State joint funding venture. It is based on some minimum standards set by Federal law. States have implemented these Federal laws in various ways. Generally, a person can spend their money in any way they would like without disqualification by medicaid (except gifting). You describe various items that your mom has authorized for expenditure. Those items spent on her needs should have no impact on her medicaid application with the exception of the gifts for...

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