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Dan W. Armstrong

Dan Armstrong’s Answers

403 total


  • How do I obtain permanent guardianship?

    I have a little sister who 15 years old and is currently in another country with her parents. I would like to bring her over to Florida and act as her legal guardian. Do I need to hire a lawyer or is there some forms I can just fill out and have s...

    Dan’s Answer

    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 
  • Under FLa or Ala probate laws. Can a neice/newphew/inlaws normally inherit a decendants property if in intestate?

    My husband & his former wife jointly owned property (1 ala, 1 fla). His wife left no will. They had 0 children from marriage...He had 0 children outside of marriage. He left a will leaving me (spouce) all assets & named as personal representat...

    Dan’s Answer

    As the other attorney said there is a lot of information that is missing to fully answer this question. See an attorney to preserve your inheritance rights. Yes, in some cases intestate estate could be devised to nieces and nephews.

    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 
  • Can others be listed in a trust if the net assets are to be distributed to the settlers two children?

    I have not seen the trust document itself, but I have seen the declaration of trust consolidation. G-ma and G-pa both had trusts which have since been consolidated into one trust. The DTC states G-ma's children are to receive the net trust assets ...

    Dan’s Answer

    • Selected as best answer

    When I speak to successor trustees, I cover the following dos and don’ts. If you feel they are not following these suggestions you must contact an attorney otherwise you are not insuring your inheritance rights.
    Here are nine do's and one don't to get you started:
    1. Do read the trust document. It sets out the rules under which you will operate, so you need to understand it completely.
    2. Do create a checking account for the trust. All income and expenses should go through this account. While you can and should invest the money, a checking account will enable you to make distributions and payments and keep track of them.
    3. Do keep the best interests of the beneficiaries in mind at all times. You have what's called a "fiduciarry" duty to them, which is an extremely high standard.
    4. Don't have any personal financial dealings with the trust. For instance, you cannot borrow money from the trust or lend the trust money to anyone.
    5. Do provide the beneficiaries and anyone else indicated in the trust with an annual account of trust activity. This can be a copy of the checking and investment account statements or a more formal trust account prepared by an accountant or attorney.
    6. Do invest the trust funds prudently and productively. You cannot simply leave the trust funds in a savings account. And you can't put them all into a promising new company. You need to diversify the trust portfolio among stocks and fixed income securities. It is wise to get professional investment advice.
    7. Do keep in regular contact with the beneficiaries to understand their needs.
    8. Do be aware of any public benefits the beneficiaries may be receiving and make sure you do not jeopardize the beneficiaries' eligibility.
    9. Do file annual income tax returns for the trust.
    10. Don't fly solo. Get professional advice to make sure you are correctly fulfilling your role.
    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 
  • How does a man get power of attorney back from his family when he had no idea he signed it away to them in the first place.

    my moms ex husbands family took power of attorney over him and put his home and his bank account into trust under his sons name while he was off of his medication. they will not give him his money. they are threatening to put him in a home because...

    Dan’s Answer

    A Power of Attorney (“POA”) can be revoked. You will need an attorney to trigger this revocation. I suggest that you take this action immediately.
    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 
  • Would a retirement distribution affect my Florida Momcare (Medicaid)?

    I recently found out that my Florida Retirement Investment Plan is eligible for distribution given that I lose any future benefits from FRS in the future. This would be approximately $10,400 before taxes. Would this affect my current benefits fr...

    Dan’s Answer

    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 
  • Discharge question

    My daughter's grandmother mentioned her in her will here in FL but her son the executor (my ex-brother-in law) wants me to sign a discharge order saying that I received everything that was promised to my daughter which is a lie. I was able to get...

    Dan’s Answer

    Don’t sign anything. Your daughter as a beneficiary is entitled to receive a copy of the Inventory. Statutes require that an Inventory be filed within 60days of the appointment of the Personal Representative. All pleadings are available at the clerk of the Court in the county of the decedent’s residence in Florida. It is public knowledge and copies can be purchased for approx. $1 per page.
    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 
  • Is it a conflict of interest if the trustee is the sole beneficiary of a trust?

    I am considering having a close friend who is a Certified Estate Planner help me with drawing up a trust through an attorney he knows and works with regularly. Is there a conflict of interest involved, as my intention is to also name this person ...

    Dan’s Answer

    Whether it's an honor or a burden (or both), when you have been appointed trustee of a trust. What responsibilities have been thrust upon you? How can you successfully carry them out?
    Here are nine do's and one don't to get you started:
    1. Do read the trust document. It sets out the rules under which you will operate, so you need to understand it completely.
    2. Do create a checking account for the trust. All income and expenses should go through this account. While you can and should invest the money, a checking account will enable you to make distributions and payments and keep track of them.
    3. Do keep the best interests of the beneficiaries in mind at all times. You have what's called a "fiduciarry" duty to them, which is an extremely high standard.
    4. Don't have any personal financial dealings with the trust. For instance, you cannot borrow money from the trust or lend the trust money to anyone.
    5. Do provide the beneficiaries and anyone else indicated in the trust with an annual account of trust activity. This can be a copy of the checking and investment account statements or a more formal trust account prepared by an accountant or attorney.
    6. Do invest the trust funds prudently and productively. You cannot simply leave the trust funds in a savings account. And you can't put them all into a promising new company. You need to diversify the trust portfolio among stocks and fixed income securities. It is wise to get professional investment advice.
    7. Do keep in regular contact with the beneficiaries to understand their needs.
    8. Do be aware of any public benefits the beneficiaries may be receiving and make sure you do not jeopardize the beneficiaries' eligibility.
    9. Do file annual income tax returns for the trust.
    10. Don't fly solo. Get professional advice to make sure you are correctly fulfilling your role.

    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 
  • My deceased husband has the property under his name and his son and daughter.

    My deceased husband has the property under his name and his son and daughter. His son came over and asked me to leave the property immediately. He bought the property in 1995, and made an agreement to have his kids take over the property if he eve...

    Dan’s Answer

    See and attorney. In FL there may be avenues for a disinherited spouse. Fl has an Elective Share statute, emergency allowance and preference and limits to personal property by statutes.
    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 
  • Am I responsible for my deceased husbands remaining medical bills?

    My husband died suddenly his pension stopped upon death . I am now living on social security. I am getting all kinds of medical bills that I cannot pay. The Doctors already got paid most of it by the health insurance. But these remaining bills ...

    Dan’s Answer

    Whether your spouse has just passed away or you've lost your mom or dad, the emotional trauma of losing a loved one often comes with a bewildering array of financial and legal issues demanding attention.
    It's difficult enough for family members to handle the emotional trauma of a death, let alone taking the steps necessary to get these matters in order.
    As the executor or representative of the will, you first should secure the tangible personal property, meaning anything you can touch such as silverware, dishes, furniture or artwork, he points out.
    Then, take your time; while bills need to be paid, they can wait a week or two without any real repercussions. It's more important that you and your family have time to grieve. Financial matters can wait.
    When you are ready, but not a day sooner, meet with an attorney to review the steps necessary to administer the will. While the exact rules of estate planning differ from state to state, the key actions include:
    • File the will and petition in probate court in order to be appointed executor.
    • Collect the assets. This means that you need to find out about everything the deceased owned and file a list or inventory with the court.
    • Pay the bills and taxes. If an estate tax return is due, it must be filed within nine months of the date of death.
    • Distribute property to the heirs. Generally, executors do not pay out all of the estate assets until the period for creditors to make claims runs out, which can be as long as a year.
    • Finally, you must file an account with the court listing any income to the estate since the date of death and all expenses and estate distributions.
    While some of these steps can be avoided through trusts or joint ownership arrangements, whoever is left in charge still has to pay all debts, file tax returns and distribute the property to the rightful heirs.

    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 
  • In a Living Trust what does this mean, Article 6.1 Separate Share Trust for (name) the bank can't find this, how can we?

    How do I get copy of the paperwork that mother signed to set up the Trust Account at the bank? What do we do if they tell us they can't find the Share Trust? Do we just loose the money left in trust for us, all we have is a copy of the Living Trus...

    Dan’s Answer

    Whether it's an honor or a burden (or both), you have been appointed trustee of a trust. What responsibilities have been thrust upon you? How can you successfully carry them out?
    Here are nine do's and one don't to get you started:
    1. Do read the trust document. It sets out the rules under which you will operate, so you need to understand it completely.
    2. Do create a checking account for the trust. All income and expenses should go through this account. While you can and should invest the money, a checking account will enable you to make distributions and payments and keep track of them.
    3. Do keep the best interests of the beneficiaries in mind at all times. You have what's called a "fiduciarry" duty to them, which is an extremely high standard.
    4. Don't have any personal financial dealings with the trust. For instance, you cannot borrow money from the trust or lend the trust money to anyone.
    5. Do provide the beneficiaries and anyone else indicated in the trust with an annual account of trust activity. This can be a copy of the checking and investment account statements or a more formal trust account prepared by an accountant or attorney.
    6. Do invest the trust funds prudently and productively. You cannot simply leave the trust funds in a savings account. And you can't put them all into a promising new company. You need to diversify the trust portfolio among stocks and fixed income securities. It is wise to get professional investment advice.
    7. Do keep in regular contact with the beneficiaries to understand their needs.
    8. Do be aware of any public benefits the beneficiaries may be receiving and make sure you do not jeopardize the beneficiaries' eligibility.
    9. Do file annual income tax returns for the trust.
    10. Don't fly solo. Get professional advice to make sure you are correctly fulfilling your role.

    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