Archived
What if my successor trustee needs to get copies of documents and the LAWYER IS DECEASED? Trusts, Wills, POA? Best practices?
David's answer
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Answered on February 24, 2015
Lawyers are required to register with the Florida Bar the name of another lawyer who will take over their files. Not sure if that was a...
Estate planning documents - how many sets of originals are provided to client. Does a bank only accept an original or Copies OK?
David's answer
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Answered on February 24, 2015
There should only be 1 original. The only time you need an original POA is for real estate and then it is typically recorded in the county...
Archived
Married couple wants to set-up Joint Revocable Trust. One child big spender. How can we protect beneficiary from himself?
David's answer
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Answered on February 23, 2015
In these types of situations, we often recomend that the parents consider encouraging positive behavior. IE reward them for saving for retirement...
Archived
I just seen my HOA just filed a "Lis Pendens" with Lee county record date of 2/4/15 an a modified date of 2/11/15What happens?
David's answer
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Answered on February 23, 2015
You need to talk with a bankrucptcy lawyer. Generally in a chapter 13, you will not save any money on HOA or Mtg fees.In fact, you will probably...
Archived
For purposes of Medicaid qualification and 5 year lookback, what assets are considered "exempt?"
David's answer
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Answered on February 20, 2015
Each state has their own "exempt assets" in some states retirement accounts are exempt, some states make you amatorize them based on life...
Archived
Irrevocable Grantor Trust for Medicaid Qualification. What are the pros and cons? How does it work? We have lots of questions.
David's answer
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Answered on February 20, 2015
Some answers talk about estate planning, you need an elder law attorney not an estate planning attorney unless they do both. Also one in NV.
That...
Archived
My mom died and now her father pass and now having problems with the home that was left in north Carolina
David's answer
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Answered on February 20, 2015
Unless the home was in a trust, you will need to contact a NC attorney to handle the ansilary probate. When there is real estate, a seperate...
Archived
What are the rights of a husband given living rights to the marital home, if it is Quit Claim Deeded to wife and her daughters?
David's answer
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Answered on February 19, 2015
Generally a spouse would need the consent (in writing) for a quit claim deed on a married couples homestead. You should have the deed reviewed by...
Archived
My husband passed away. Anything that was not in both our names named me as the beneficiary.
David's answer
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Answered on February 19, 2015
It depends. Often a surviving spouse has an opportunity to create a stronger relationship with the children of their former spouse by telling them...
Archived
No will/estate law?
David's answer
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Answered on February 19, 2015
If the assets (home) is in PR, you will need to hire lawyer in PR as the laws in each state or territory are different