Archived
What is better to protect own real estate properties, to have a living Will or to have a living revocable trust?
David's answer
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Answered on June 25, 2014
Neither a living will nor a revocable trust protects properties from your creditors. If it is a homestead it will be protected from your...
Archived
How can we be sure the person with the power of attorney is being upfront? Can they just gut the will like that?
David's answer
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Answered on June 25, 2014
You will need to contact an attorney in the state where the actions took place (up north).
Archived
Do i need a probate attorney or a real estate attorney?
David's answer
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Answered on June 25, 2014
You probably need to speak with a probate attorney first and then you may need a foreclosure attorney if the home is yours.
Best way to title a new car for asset protection and estate planning when one of the title holders has creditor issues
David's answer
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Answered on June 24, 2014
There are two issues you need to think about. The first is protecting the car from creditors and for this TBE works fine. The bigger issue is...
Archived
Mental incompetence and a will
David's answer
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Answered on June 23, 2014
While she may not be able to legally execute a will, it is an expensive issue to pursue in the courts. It would seem that you may want to contact...
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Archived
Can a nursing home sue the fiduciary party for unpaid bill? even if the nursing home resident refuses to pay?
David's answer
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Answered on June 23, 2014
You would have to look at the POA, when it was signed and the nursing home agreement. When you act as POA, you have a fiduciary duty to do what is...
Can you file a lien on an estate in probate if one of the heirs owes you money
David's answer
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Answered on June 15, 2014
You can file a caveat. This way, if an estate is opened, you will receive notice of it.
Archived
Best way to title new FL home by married couple each of whom have revocable trusts?
David's answer
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Answered on June 14, 2014
While your suggestion is used at times, a decision like this must be made knowing the full set of facts and circumstances including your age.
Archived
What is process to disinherit
David's answer
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Answered on June 14, 2014
If this was your parents homestead, the title passes upon death outside probate. He may not be able to disinherit the home, but he may be able to...
Archived
I was appointed a co-trustee of my mothers irrevocable trust by a court. Do I need to be bonded?
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David's answer
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Answered on June 14, 2014
Technically its not the laws of the jurisdiction where the trust was created, but the laws referenced in the trust will override the jurisdiction. ...