Archived
My father died and siblings won't pay the mortgage, costs, etc. I am the Pers Rep. Can I buy the mortgage and foreclose?
David's answer
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Answered on January 08, 2012
Sorry for your loss. Based on my understanding of the facts: You and your siblings immediately vested in your father's real estate upon his death...
Archived
In the probate of an estate in Florida, can the Personal Representative also act as the Trustee and be the primary Beneficiary?
David's answer
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Answered on January 08, 2012
I agree with the answers provided by the other attorney: The Personal Representative may concurrently act as the trustee of a credit shelter trust...
My Mother is 88 years old. For 7 yrs now she has been in/out of Hospitals & Nursing Homes. Can Medicare force her onto Medicaid?
David's answer
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Answered on January 06, 2012
Your mother or, if applicable, your mother’s agent under her durable power of attorney should work with an elder law attorney. At some point, the...
Archived
Is a sole proprietorship a good idea when you don't have any assets and have good insurance?
David's answer
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Answered on January 04, 2012
I agree with the answers provided by the other attorneys. One concern I would like to add is the potential asset protection problem if you hire an...
Archived
Starting own business, is co-ownership with spouse the right choice?
David's answer
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Answered on January 04, 2012
I agree with Attorney Speranza's answer. You should work with a (small) business attorney and CPA. There are asset protection and tax...
Archived
What are the requirements or the process for any alternative probate methods or ancillary probate administration in Florida?
David's answer
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Answered on January 04, 2012
Sorry for your loss. Please clarify: Did your grandmother own her house solely (not jointly with another person with rights of survivorship) at...
Archived
My sister died unexpectedly, and never updated life insurance beneficiary.
David's answer
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Answered on January 03, 2012
Sorry for your loss. Unfortunately, based on the facts as you have described them, the answer to your question is no. The life insurance policy...
Archived
Voluntary administration in suffolk county mass, see details below
David's answer
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Answered on January 03, 2012
Sorry for your loss. As of January 3, 2012, Massachusetts was to begin using the Massachusetts Uniform Probate Code (MUPC) for probate estates. ...
Archived
Is a will valid if a person with POA had an elderly person change it after the elderly person was diagnosed with dementia?
David's answer
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Answered on January 02, 2012
Sorry to hear about the circumstances. I recommend you or someone you trust work with an estate planning attorney to take the following actions. ...
Archived
Am i entitled to any of my dads income when he is in a nursing home ?
David's answer
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Answered on January 02, 2012
Sorry to hear about the circumstances. Unfortunately, you most likely will not be able to receive any of your father's income. You could apply to...
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