Archived
Can I be denied occupancy, as homestead in my interest in residential real estate when my interest is in an irrevocable trust?
David's answer
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Answered on May 23, 2017
You need to have someone who does Trust litigation review the trust. I am assuming it is a Florida trust and if this is the case you should review...
Archived
Wife and I was a resident of Fl passed away in Fl and executor is probating the will in NC claim she was a resident of NC
David's answer
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Answered on May 22, 2017
You will need to hire a probate attorney to review your case with. Depending on what the death certificate states, you may need to have it...
Archived
Dad needs to go into nursing home but mom wont be able to pay bills, will medicaid allow any of dads income go to mom?
David's answer
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Answered on May 22, 2017
You should meet with an elder law attorney to discuss the options. Medicaid is complicated and a family must often deal with the exception and the...
Can my elderly mother, who is a Florida resident, transfer her real estate worth about $150,000 to me for $1.00
David's answer
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Answered on May 22, 2017
Yes, but the tax consequences would be huge when you sell the property. At 70 she needs to be very careful not to disqualify herself from...
Archived
Can I sell my share of mother's trust now?
David's answer
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Answered on May 19, 2017
Typically, your share cannot be devised or sold to someone else, unless you have a power of appointment or there is no spendthrift clause in the...
Archived
What is the process to "buy out" my nephew who owns half of my mothers house?
David's answer
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Answered on May 14, 2017
Generally, the home is not a probate asset. You should start by talking to him to determine under what circumstances or conditions he would be...
Do we have any rights to our father's estate even though we are not named in the Will?
David's answer
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Answered on May 11, 2017
Sounds like you may have grounds under an undue influence cause of action to contest the will. Often time is extremely limited on these types of...
Archived
Is it illegal for my uncle to refuse me a copy of my deceased grandmother's amended will when I was previously identified in it?
David's answer
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Answered on May 11, 2017
Your parent is entitled to it, if they predeceased your grandmother, then you are entitled to a copy of the will. You can get a copy from the...
Archived
Who covers additional burial expenses: Executor of estate or a deceased person's children?
David's answer
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Answered on May 11, 2017
Generally the estate would be responsible for reimbursement of an unlimited amount of funeral expenses. The first $6,000 are a priorotiy claim and...
Archived
Can I marriage override will?
David's answer
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Answered on May 09, 2017
Yes, but there is a way to make sure you kids do get the home. There are many techniquests incuding homestead wavers, prenuptials, postnuptials,...