Questions answered by Horacio A. Sosa

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If you have both names on all assets,, do you need a will or other instrument to avoid probate?

Horacio's answer | Answered on May 31, 2014

I just want to add first that a will does not avoid probate. Second, you need a trust for the second to die if you want to avoid probate upon the...

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Problems with elderly dad signing mortgages or lines of credit for my son

Horacio's answer | Answered on May 31, 2014

Sounds like your dad may have lent money to your son. Is the loan being paid? Who is paying it? Your dad or your son? As POA you have the...

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My Mom lives in Fl in an assisted living facility, that is a pay per month. I'm her POA. Her funds are running out.

Horacio's answer | Answered on May 28, 2014

Florida has a Medicaid Diversion Program that would cover a portion of the ALF cost. But she has to qualify for the program from the medical and...

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My wife is seeking medicaid benefits for her 92 year old mother. The only asset she has is a joint cd with my wife for 11 years

Horacio's answer | Answered on May 28, 2014

Unless proven that your wife contributed to the account, it is assumed that your wife's mother owns the asset 100%. Be careful about "giving it...

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I am living the devil' advocate! My father in law set up a family trust to marry my husband to his sister..

Horacio's answer | Answered on May 24, 2014

Not sure if I understand your question, but if your husband is taking money from your joint business and you disagree you have to stop your husband.

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My mother and father signed a lady bird deed upon death to me.

Horacio's answer | Answered on May 23, 2014

It really depends how the deed was prepared. If the grantors were your parents as husband and wife and you were the remainder, then your father...

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Medi-Cal Application...is it dfficult to prepare?

Horacio's answer | Answered on May 18, 2014

You should hire a lawyer. The question is not whether you can complete or not the application. An attorney should review the applicant's income...

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Can my mother disinherit $45,000 given by her deceased father and give it to me, her son??

Horacio's answer | Answered on May 18, 2014

Not sure if I understand your question but I can tell you that someone can disclaim an inheritance, which is a legal way to say "no, thank you." ...

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How do I go about getting an Administrative Hearing / Review for a refusal to issue a Certificate of Title?

Horacio's answer | Answered on May 15, 2014

You should ask for a hearing in probate court and explain to the judge your dilemma. If the judge agrees with you the court will order the PR to...

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Should I try to list my dad's house or let him walk away from it?

Horacio's answer | Answered on May 14, 2014

If he walks away, a judgment will be entered against him and the house will be sold in an auction. If the value of the house is not enough to...

Horacio A. Sosa's Answers (180)

If you have both names on all assets,, do you need a will or other instrument to avoid probate?

Problems with elderly dad signing mortgages or lines of credit for my son

My Mom lives in Fl in an assisted living facility, that is a pay per month. I'm her POA. Her funds are running out.

My wife is seeking medicaid benefits for her 92 year old mother. The only asset she has is a joint cd with my wife for 11 years

I am living the devil' advocate! My father in law set up a family trust to marry my husband to his sister..

My mother and father signed a lady bird deed upon death to me.

Medi-Cal Application...is it dfficult to prepare?

Can my mother disinherit $45,000 given by her deceased father and give it to me, her son??

How do I go about getting an Administrative Hearing / Review for a refusal to issue a Certificate of Title?

Should I try to list my dad's house or let him walk away from it?