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My mother made a will when she was of sound mind then when she became ill her husband and son put everything of hers in a Trust.
David's answer
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Answered on March 11, 2014
Generally a will does not apply when assets are in a trust. Depending on what happened, there may be an interference with an expectancy or undue...
Archived
Can a trustee of a family trust dispose of all assets if a person was to be taken care of from the interest income of the trust
David's answer
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Answered on March 11, 2014
A trustee can dispose of the assets in a trust. They have a duty to act in the beneficiaries best interest when doing so. If the trust owns an...
Archived
Mother in nursing home on Medicaide. Gave me home in 1995 but kept life time estate, with warranty deed. Can. I sell home?
David's answer
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Answered on March 11, 2014
It is very likely that selling her property will make a different on her Medicaid eligibility. You can check the IRS websites for life estate...
Archived
Can a beneficiary spouse sue a trustee if the spouse is not named in the trust?
David's answer
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Answered on March 11, 2014
It may be possible but the surviving spouse would need to be appointed as the Personal Representative of the decedent's estate to have standing to...
Archived
I've just been served foreclosure papers to a home I co-own but do not live or pay for and the other owner won't pay or sell.
David's answer
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Answered on March 11, 2014
If you were just served, you should talk with a lawyer about how you are going to respond to the foreclosure. If you are on the loan it is even...
Archived
This question pertains to Realistate law regarding the titling of a M/H from the deceased into her sons name.
David's answer
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Answered on March 10, 2014
Not sure who told you that, but it is probably not correct. While you may, there are many other factors that would need to be addressed including...
Archived
My husband is having surgery on Thursday and we have no will or trust. What can we do to be covered by a will or trust?
David's answer
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Answered on March 10, 2014
You should post this in MI unless he is in FL now. You probably want to make sure you have healthcare documents and powers of attorney prior to...
Archived
What is required for a living will to include the following?
David's answer
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Answered on March 10, 2014
A living will is a document your wife should have to say what she would like to happen to her if she becomes both physically and mentally...
Archived
My name is on my grandmothers bank accounts, joint accounts, will I have to pay inheritance taxes on the contents after she dies
David's answer
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Answered on March 04, 2014
In Florida there is no inheritance tax and federally, it is only on amounts in excess of 5Million for a single person. Sounds like in most cases...
Archived
I am 61 and have been living on Social Security Disability since 1991. My mom died and left me a small inheritance.
David's answer
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Answered on February 28, 2014
You need to meet with an attorney to plan on what happens with the money so it does not disqualify you from benefits. You must plan this properly...