Skip to main content
Dan W. Armstrong

Dan Armstrong’s Answers

403 total


  • Can my sister appear in court instead of me with a general POA?

    my wife is been charge with agravatted assault with a deadly weapon without the intent to kill.. at the same time we are going through a divorce and im oviusly fighting for the custody of my two children. I am also in the military and I have to go...

    Dan’s Answer

    Your attorney can appear on your behalf if you are unable. That goes for your wife too. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • If a grandparents will leaving all monies to grandchildren, several names were listed when will was drawn up, a provision was pu

    t in covering any and all grandkids born after to be included also. If a grandchild was given up from birth and the birth mother knew who she was and her whereabouts does this child have legal right to be included, the birthmother was executortrix...

    Dan’s Answer

    Not seeing the Will it is difficult to determine the beneficiaries. Adoption does sever a devise unless the beneficiary is specifically named in the Will by name and not as a class of people, i.e. “grandchildren”. If the estate is finalized the probate can be opened up and yes FL statute says that beneficiaries can be required to return the funds they received up to 2 yrs under so very limited conditions.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • If a settlor is adjudicated incompetent by a Florida court,does the revocable trust become irrevocable?

    Are the named beneficiaries of the revocable trust now "qualified" under a irrevocable trust and is the trustee now required to inform and account to them under Florida Trust Law?

    Dan’s Answer

    I am a Florida Lawyer. Since you asked about Florida law, I suggest that you take opines of Florida licensed attorneys only. In Florida a revocable trust does not necessarily become irrevocable when the Settlors become incapacited. If the Settlor named themselves the trustee then successor trustees should step in at this time under the language of the trust and continue administering the trust. Not seeing the trust it is difficult to determine the intent or purpose of the trust. I’m not sure about your term “qualified” since I have not read the trust. Depending what the trust says if the purpose of the trust is for example to care for the Settlors and all the funds are expended during the Settlors life then beneficiaries never receive anything!
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Care and control of niece who parent resides overseas

    a leter agreeing for my neice to live with our family while my sister resides oversea. care control and education

    Dan’s Answer

    I am a Florida Lawyer. Since this matter May be based on Florida jurisdiction since you are in Delray Beach, I suggest that you take opines of Florida licensed attorneys only.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Daniel castoria

    thank yo very much, i have a copy of the trust and it states that if im in need of health, education, or support that i can take from the trust in the trustee discretion. my father the trustee is not trying to help me im homeless and in need of th...

    Dan’s Answer

    I’m sorry to hear of your personal plight. Your father slack of support with our without the trust funds indicate that (right or wrong) your homelessness factor is a result of your bad decisions in life that got you where you are today. He may feel that money given to you now will just add fuel to the already present fire and bring you down further in life. Discuss this with legal aid in your area or homeless/drug counselors if your wish to get another perspective. My suggestion now that further understand your plight is to direct your request to your father and suggest assistance from the trust that would not present temptations to you with the new found money. Your father can discuss creative trust ways that distributions in trusts indirectly my save you. He needs to see an elder Law attorney working in Trust administration. God bless you. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Is there any way that i can get a advance loan on my inheritance. with the trust having a spendthrift clause?

    the trustee is not helping me thru my inheritance it states that if the beneficias are in need of health, education or support that we may take from the trust. he is not helping me out . I need a loan but i think the trust has a spendthrift pr...

    Dan’s Answer

    You have many several inquires on this same subject. The answers all seem to be in line with my response. Request a copy of the Trust if you do not already have it and consult with a Trust attorney, since these provisions may or may not be present and further there may be other means in the Trust that allow funds to be distributed.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Hi I have a a trust fund that i need access too. i dont know if it has a spendthrift provisions.

    my name is Daniel Castoria.

    Dan’s Answer

    Request a copy of the Trust if you do not already have it and consult with a Trust attorney, since these provisions may or may not be present and further there may be other means in the Trust that allow funds to be distributed.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • In Florida, if a decedent owns property that is not homestead, can he devise it to anyone he wants to in his will or trust?

    A friend of mine was married, but going through a divorce. He resided in one part of Florida but bought a condo for his girlfriend to live in in another part of Florida. He owned the condo in his individual name. Can he leave the condo to the ...

    Dan’s Answer

    Yes, subject to any valid creditors and if he he married at the time of death subject to any marital elective share being claimed by his spouse at his death.
    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-1535
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question 
  • Is it necessary to provide the Dept of Health in Florida with notice when the decedent has been dead for greater than two years?

    Decedent was over 55 years-old. Medicaid was paying the costs of nursing home care. Summary Administration is being contemplated.

    Dan’s Answer

    There is a FL statute that requires Notice when the decedent is over 55. When a Summary probate is filed creditors are addressed; paid or settled. Beneficiaries are subject to return their distributions for up to 2 years if a valid creditor files a claim. To bar known or unknown creditors we normally send certified Notice to the known creditors and for the unknown creditors we publish a creditors Notice. You obviously need the advice of a probate attorney since probates like this may have a lot of trailing skeletons that may come back to life and harm the beneficiaries.

    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you!
    My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.

    Dan W. Armstrong, Attorney
    Law Offices of Dan W. Armstrong, P.A.
    P.O. Box 1535
    Ponte Vedra Beach, FL 32004-2479
    (O) 904.280.0058, (F) 904.280.0109

    Website: http://www.DanArmstrong.com

    See question