Does section 709.2109 (c), Florida Statutes also apply to "Durable" Power of Attorneys?
Statutory interpretation appreciated.
Horacio's answer
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Answered on August 05, 2015
It does but you need to make the power of attorney "durable." A power of attorney is durable if it contains the words "This durable power of...
My sister is refusing to sell the house that was left to us by our mother after she passed away. Is there anything I can do???
Horacio's answer
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Answered on August 02, 2015
You can probably sue her for partition. If successful the judge will order your sister to sell the house and split the proceeds.
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How do you transfer guardianship from one grandparent to another of a minor child.
Horacio's answer
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Answered on August 02, 2015
A guardianship attorney needs to be hired in Jacksonville and prepare and file a petition to transfer. So, contact a guardianship attorney in your...
Archived
Is durable power of attorney executed earlier this year legal if trust was resigned to succesor trust
Horacio's answer
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Answered on August 02, 2015
Not sure if I understand the question. The trustee and succesor trustee appointments are governed by the terms of the trust. The appointment of...
Archived
Medicaid Compliant Annuity
Horacio's answer
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Answered on August 02, 2015
The best way to proceed is to bring the personal service contract to an elder law attorney. There is a number of things that needs to be reviewed...
Archived
I have a patient that I am a personal caregiver to and has a lot of monietary accounts his wife left him and I need help gathing
Horacio's answer
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Answered on August 01, 2015
If he has capacity he could hire an estate planning or elder law attorney prepare estate planning documents. If he doesn't have capacity, a...
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CAN A POWER OF ATTORNEY FOR SOMEONE ADD HIMSELF ON A CERTIFICATE OF DEPOSIT
Horacio's answer
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Answered on July 31, 2015
As an owner probably not, but as an agent under the power of attorney maybe. And if you are added as an agent you must conduct yourself as an...
Archived
I am the fiduciary of my fathers estate can I get in trouble for taking an early distribution of funds that will come to me
Horacio's answer
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Answered on July 31, 2015
Who is advising you? If nobody, you should hire a trust attorney to do a trust administration, especially because you are in a fiduciary position....
Archived
This is concerning money willed to me that I'm having trouble obtaining because relatives are holding it from me.
Horacio's answer
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Answered on July 30, 2015
If there is a will, his sister, the executor, should initiate probate proceedings and you should be notified.
Are there changes to the Lady Bird Deed that allow Medicaid to get the home after the death?
Horacio's answer
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Answered on July 30, 2015
A protection would the homestead law in the state of Texas. Find out if Texas homestead laws protect house against Medicaid liens.
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