Can I have out of state agent for power of attorney?: I live in Orlando, FL with no family members residing in FL and are all in Ct. At 54 I would like to get some Estate planning done but would like to keep in the Family. Can I have an Agent in Ct appointed as POA or would it better for me to get one in Orlando. 2nd, Same goes with my Will, can I have recipients in another State and can I use a Fl form or Ct form for POA and Last Will and Testament. I live alone in Orlando with no spouse or children.
Brandon’s answer: Legally, you can have an out of state family member named as power of attorney or as personal representative under a will. However, there are some practical issues that can arise with out of state members serving in these roles. If there is a choice between local family members and those out of state, strong consideration should be given to the local persons. Local persons can more easily attend to financial or legal matters quickly should they arise. Sometimes having a trust makes it a bit easy for out of state family members to act. There can be provisions written into the trust to allow for out of state family members to act more quickly if need me. Also, if there is a trust, then it is likely that no probate proceedings will need to be commenced to pass on your assets. It might be difficult for someone out of state to have to hire a lawyer in florida and administer a will when living in Ct. Having a trust would likely remove these impediments. My suggestion is to have a consult with an estate planning attorney and explore all options in order to make the best decision for your situation.
Going through divorce, I own house before marriage and then I refinanced and put her on the loan, does that give her an interest: i refinianced and only put her name on it to help her with her credit, i still paid the mortgage. I bought the house before the marriage, does she have an interest in this house or not/ shes not on the deed? looking to hire an tty
Brandon’s answer: If you purchased the home before the marriage, then it is a non-marital asset. However, if you refinanced and put both names on the deed, then it will be presumed that you made a gift of the property to your spouse and it will now be considered a marital asset. You will have to overcome the presumption by showing that you didn't intend to make a gift of the property to your spouse. Even if you purchased the property before the marriage, then there still could be a marital component subject to division because of the pay-down of the mortgage during the marriage. These issues regarding property owned before the marriage are a bit tricky and are very intensive. My suggestion would be to sit down with a lawyer who is familiar with the law in this area and lay out all of the facts. At the end the lawyer should be able to give you a good opinion on what claim your spouse can make to the property.
Can I hire a lawyer just for a hearing?: Im not sure if this is silly but is it possible to hire a lawyer just for a hearing? To speak on my behalf? I have a dissolution of marriage and I have done all the filing and am confident I can handle all the filing, serving and such but when it comes to the court hearing I get easily intimidated by the court setting. The only issue is getting supervised visits for the father and I have evidence that makes my request more than reasonable. We have no assets and nothing else to dispute. Can I hire a lawyer and pay for each hearing as we go? I highly doubt there would be many hearings.
Brandon’s answer: It sounds like you just need an attorney to handle the trial for you. There is no law or rule preventing an attorney from just handling certain aspects of the case, including a trial. I think that is a good idea to have an attorney handle the trial for you. This is always the most difficult and challenging part of a divorce case. I have seen many occasions where people start the case by filing their own paperwork and then hire a lawyer later on. I would also recommend having an experienced attorney review the petition that you filed. If you haven't ask for certain relief in the petition (i.e. supervised visits) , then you would not be allowed to ask for such relief at the trial. Good luck.