Archived
What kind of lawyer can advise me regarding my relative's power of attorney spending all of relative's money before their death?
David's answer
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Answered on January 21, 2019
You should talk to a probate litigation attorney. There may be a breach of fiduciary duty, undue influence, or other issues that should be looked...
Archived
Does Florida probate need to be wrapped up within a year of opening administration, with no taxes to be filed??
David's answer
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Answered on January 20, 2019
NO, but some Judges will require a "good reason" to extend the probate period beyond a year.
Archived
How can I compel a trustee to give me an annual accounting of a trust for which I am a contingent beneficiary?
David's answer
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Answered on January 20, 2019
Have the original will that created the trust reviewed to determine if you are entitled to an accounting.
Should I hire an attorney in my state or the state my mother died in, leaving a questionable will?
David's answer
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Answered on January 20, 2019
This is a question to ask a CA probate or CA trust attorney. You should repost this under CA.
Archived
Which state’s probate laws apply if the will was executed in Connecticut but person moved to and died in Florida?
David's answer
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Answered on January 20, 2019
Florida probates law assuming will control. CT for the validity of will.
Archived
Would a written contract be enforceable for a live in caregiver if the caregiver is paid cash without 1099?
David's answer
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Answered on January 20, 2019
This is not advisable, a written contract can be used as evidence against him in a wage and hour claim and also in a criminal investigation by the...
When should trustee notify beneficiaries of irrevocable trust?
David's answer
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Answered on January 20, 2019
Upon the death of the grantor or change in trustee, the Trustee is to provide a copy of the trust as well as an accounting. You should take these...
Archived
I am the executor and sole beneficiary,If the deed shows 2 people does the Will trump the deed to remove the other person?
David's answer
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Answered on January 19, 2019
No, a will only deals with assets that are probate assets. If the deed has beneficiaries or other owners, that would trump the deed, assuming it is...
Archived
Can I file for an injunction or restraining order on property I live on against lender filing foreclosure.
David's answer
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Answered on January 19, 2019
Review the case with a FL probate attorney, then you can determine what rights you may have and if you need to involve a foreclosure attorney or not.
Archived
What do you have to include in a hand written will to make it legal. I have a will now that I no longer want to exist.
David's answer
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Answered on January 14, 2019
FLORIDA ONLY ACCEPTS HOLOGRAPHIC WILLS THAT COMPLY WITH THE STATUTE OF WILLS. Many people misread the statute and think they are not acceptable in...
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