Archived
Can an Estate ask a Trustee of a Trust to account for monthly expenses instead of annually?
Katherine's answer
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Answered on September 08, 2011
Typically not unless there is a reason because it could substantially increase the fees of the trustee.
Archived
Do lawyers work on a "contingency basis" for setting up probate?
Katherine's answer
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Answered on September 08, 2011
In general probate are not handled on a contingent basis in Florida where I practice.
Archived
Am I responsible for my infirm father's medical bills? He is in a nursing home, and his income over the limit for Medicaid.
Katherine's answer
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Answered on August 31, 2010
I only practice in Florida, but I can tell you that here, unless you sign as a guarantor of his debts when he is admitted to the nursing home or...
Archived
Is mental or emotional abuse of an elder against the law, if there is no physical abuse?
Katherine's answer
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Answered on August 31, 2010
If someone is unduly influencing an elderly person to their benefit then there may be a legal issue there. I would suggest contacting an elder law...
Archived
What is the best way to have your accounts so that at the time of death, your children won't have issues dividing your assets
Katherine's answer
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Answered on August 31, 2010
I would suggest not adding your children to your accounts for many reasons. The best thing to do in my opinion is to leave them the assets you want...
Archived
My Dad is dying and he does not have a will or power of attorney I am a Jr and I have been doing all the medical papers
Katherine's answer
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Answered on August 31, 2010
I would say that if he is competent that you need to go to an estate planning attorney and have him immediately prepare a Durable Power of Attorney...
Archived
My Mother passed away leaving everything to be divided equally among 4 siblings. I have a judgment against me in that county.
Katherine's answer
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Answered on August 31, 2010
Your one-quarter interest in the home is subject the the judgement against you. If there is a closing then most likely a title search will be done...
Archived
My daughter is turning 18 in oct and she has been since birth severely habdicap i have to file for guardianship prior to her bda
Katherine's answer
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Answered on August 31, 2010
My suggestion is that you go to legal aid to request help in filing the guardianship. Does your daughter have any assets? If not the state will pay...
Archived
What mental capacity is required to divorce or sign a postnup in Florida? I am already aware of guardianship statutes
Katherine's answer
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Answered on August 31, 2010
Do you question what level of competence the spouses have? If so there may be a question as to whether or not they are competent to sign the...
Archived
I live by mayself, own my home, and I do not want my property to go to probate (in California) if I die.
Katherine's answer
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Answered on August 31, 2010
I do not practice in CA, and only in Florida, but I would advise you to look up an estate planning attorney where you live to discuss whether or...
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