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David L. Carrier

David Carrier’s Answers

2,776 total

  • My daughter receives SSD . What trust should I set up for her. My assets are only $300K in bank acounts - no other assets ...

    I am 85 - my son died - have to redo will

    David’s Answer

    Does your daughter also receive Medicaid or has she switched over to Medicare yet? The SSD is not "means-tested" so you don't have to worry about her losing the SSDI, Health benefits are different and it is simply a wise precaution to plan ahead for your child's eventual needs.
    That means go see an elder law attorney and look snappy about it!

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  • Do I need a real estate lawyer or wills and trust lawyer for my inheritance case?

    Hello my name is Jason Armstead. I recently found out through that my long lost mother may have passed away in 1991 and left me some property and money in New York. My grandmother says that my mother worked for Growell Realty and lef...

    David’s Answer

    Not such a good idea to reveal personal info on the InterWebs... I understand that there are nefarious people who take advantage of others online....
    Advice to get a real attorney who deals with probate and inheritance matters on a daily basis is the best bet....

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  • How do I locate/access my trust funds?

    Specifically how do I get a copy of the trust document to see the terms and be able to the locate the bank where the funds are held. I have 2 trusts set up in my name and I'm 35 year old NJ resident. My father refuses to disclose the information a...

    David’s Answer

    Get a lawyer to find out what's going on here... Why do you think there are any trusts at all? How do you know they exist, if your father refuses to disclose the information? Bringing an action in court can result in a court order to produce the docs...

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  • My grandma passed away in May mom will not provide us with a copy of the will and has not turned in into probate

    We don't know who my grandmas lawyer was.she has all utilities still in my grandmas name. We have no idea who the executor of the will is my mom has told us all 4 grandchildren are in the will .what can I legally do to see if she has legal right t...

    David’s Answer

    You need to retain counsel of your own to investigate this case. But first, check with the register of deeds to make sure that your mom was not joint tenants with your grandma on the house. If so, maybe no probate at all...

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  • I have a will want to. Change the executive I live in Florida how would I go about it

    Can I do a condicle and have it notarized

    David’s Answer

    Condicle? Is that an igloo development?
    Anyways, a codicil to a will must observe all the formalities of the will re: witnesses, writing, notary, etc..
    I cannot understand why anyone, in this day of laser printers, computers and such, would amend an old will rather than start from scratch... makes no sense to me...

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  • Can an irrevocable trust be challenged by someone who was removed from it?

    I was to receive certain real estate by my boyfriend, the day before he died his trust was changed to omit me and his ex-wife became the successor trustor. I believe she may have used undo influence to accomplish this. they had not spoken to each...

    David’s Answer

    Any estate planning documents can be challenged based on lack of mental capacity and undue influence... depends on the facts as determined by your local counsel...

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  • Tenant Rights after Death

    My mother passed away recently after living in public housing for 30 years. They are now telling me as her heir that I have to pay much higher rent 635.00 instead of 242.00 her normal rent for this month to pack her things & move out. My question ...

    David’s Answer

    Usually with subsidized housing, the rent is determined by a multitude of factors, including income, assets, and age... your eligibility factors are likely to be different than your mom's, so that's why the rent is up...

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  • What rights may I have for being a caregiver for grandma for years ? What about her cat ?

    I cared for her so well , she worked til she was 87 years young , retiring cause she fell at her daughters house at87 while I wasn't there . her two daughters didn't care for her at all and nanny said this house is your retirement . many times to ...

    David’s Answer

    #1 Without some kind of contract, you're not getting the house... And the contract is generally required to be in writing, testimony alone won't do it...
    #2 The cat is personal property, just like a couch or TV. I'm guessing tho that, unlike a couch or TV, nobody wants the cat or would object to you taking it...

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  • Should I go to court ex-parte prior to our hearing

    My 2 sons are in a guardianship. We have a hearing filed by my 12 year old son to terminate the guardianship on the 13th of rhis month. This morning i received his guardians answer to the petition. In it included a hans written letter from my...

    David’s Answer

    1. Should i go to court ex-parte to expedite the hearing ?
    Probably would not expedite the hearing but simply waste time since the judge is unlikely to listen to you ex parte...
    and 2 if so do i have to inform the orher party since my son fears reprisal.
    Notice and opportunity to be heard are fundamental...

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  • ADA Accessible Apartments And Parking Spaces

    My mother lives in an ADA apartment, and the complex recently did re-paving of the parking lot. Along with re-paving, they eliminated her handicap parking space. When asked if a new ADA space would be marked, the apartment complex said no. Is ther...

    David’s Answer

    Here are the exceptions:

    RCW 70.92.110
    Buildings and structures to which standards and specifications apply — Exemptions.

    The standards and specifications adopted under this chapter shall, as provided in this section, apply to buildings, structures, or portions thereof used primarily for group A-1 through group U-1 occupancies, except for group R-3 occupancies, as defined in the Uniform Building Code, 1994 edition, published by the International Conference of Building Officials. All such buildings, structures, or portions thereof, which are constructed, substantially remodeled, or substantially rehabilitated after July 1, 1976, shall conform to the standards and specifications adopted under this chapter: PROVIDED, That the following buildings, structures, or portions thereof shall be exempt from this chapter:

    (1) Buildings, structures, or portions thereof for which construction contracts have been awarded prior to July 1, 1976;

    (2) Any building, structure, or portion thereof in respect to which the administrative authority deems, after considering all circumstances applying thereto, that full compliance is impracticable: PROVIDED, That, such a determination shall be made no later than at the time of issuance of the building permit for the construction, remodeling, or rehabilitation: PROVIDED FURTHER, That the board of appeals provided for in chapter 1 of the Uniform Building Code shall have jurisdiction to hear and decide appeals from any decision by the administrative authority regarding a waiver or failure to grant a waiver from compliance with the standards adopted pursuant to RCW 70.92.100 through 70.92.160. The provisions of the Uniform Building Code regarding the appeals process shall govern the appeals herein;

    (3) Any building or structure used solely for dwelling purposes and which contains not more than two dwelling units;

    (4) Any building or structure not used primarily for group A-1 through group U-1 occupancies, except for group R-3 occupancies, as set forth in the Uniform Building Code, 1994 edition, published by the International Conference of Building Officials; or

    (5) Apartment houses with ten or fewer units.

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