Archived
I am the beneficiary of a trust with no spendthrift clause. Can a creditor get assests over which I have no discretionary contr
Dan's answer
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Answered on June 30, 2010
The authority for acceptance of “spendthrift” trusts is found in our common law that the maximum effort should be given to the objectives and...
Archived
What happens if if we don't probate a will in a timely manner.
Dan's answer
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Answered on June 30, 2010
There is no benefit of the heirs to delay probate. You are assuming the deficiency in the foreclosure of the 2nd property will not have to be...
Archived
Can An Estate Return Be Amended?
Dan's answer
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Answered on June 30, 2010
Yes, you can file an amended federal income tax return for a prior year. I recommend that you seek a CPA to have this done on the estates behalf. ...
Archived
While my parents where alive they received medicare and medical assistance. Does state has any say about property
Dan's answer
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Answered on June 30, 2010
As in most all states, if the decedent was receiving a state entitlement like Medicaid, in your case Medi-Cal, that state agency will place a lien...
Should a will/living trust be written in the state you live in or your state of residency?
Dan's answer
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Answered on June 29, 2010
Either state will be effective, but a Will may be determinative in state taxes in the state of your property and death and community property in...
Archived
Who Deals With Violations of Hospital-City Contracts To Treat The Uninsured?
Dan's answer
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Answered on June 29, 2010
Frankly I am hesitant to respond to your question since I suspect the question was asked while on medication and thus that appropriately thought...
Archived
Can my mom receive medicaid benefit in Fl regardless of my sister assets ?she has Medical since 6 years and 5 years green card.
Dan's answer
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Answered on June 29, 2010
The decision to move a family member or loved one into a nursing home is one of the most difficult decisions you can make. Perhaps the move is...
Archived
No will w/property
Dan's answer
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Answered on June 29, 2010
The estate world is probated intestate, without a will. The survivor will inherent the estate of the deceased on the assumption that they never...
Archived
What are my legal options against a hotel?
Dan's answer
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Answered on June 29, 2010
I recommend that you seek a contract litigator in the Tampa area to resolve this matter that will haunt you until it is resolved. Bring him all the...
Archived
Medicaid
Dan's answer
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Answered on June 29, 2010
The decision to move a family member or loved one into a nursing home is one of the most difficult decisions you can make. Perhaps the move is...