Skip to main content
April Denise Hill

April Hill’s Answers

117 total


  • I've been acused of elderly abuse, which I know to be untrue! What should I do or what should be my first step to counteract

    Verbal agreement between my 58yr old mom & I that cash was given to me & I would pay her back in payments & live with her. Well the living arrangements didn't work out bc she had my brother & dog move in. Now she's saying I stole her car which is ...

    April’s Answer

    Since your mother is 58, she would have to have some illness or reason to be considered a vulnerable adult. The age for elderly is either 60 or 65, but again, she may qualify if she is considered vulnerable. If she did not sign the title over to you, you would be required to return it because it is the property of the person on the title. But, if the title is in your name, then there would be additional steps for her to prove you stole. With verbal agreements, it is hard on both sides. If an investigation is opened, I'd suggest you get an attorney before answering any questions.

    See question 
  • How can i protect the rights of my elderly mother?

    My mother has been diagnosed with dementia. She no longer wants to live in Georgia with her husband but live here in Ohio with me. Her husband is both mentally and verbally abusive. How can I legally protect her, I currently have POA.

    April’s Answer

    I know this may be hard, but the first question I would ask is what does your mother want? with dementia there is a continuum of capacity. Early on a person can make her decisions, but later in the game she would be totally incapable. If your mother is in the early stages and she wants to move with you, she has every right to do so. But, if she is unable to make that decision, you may need additional help. If so, you may want to find qualified elder law or life care planning attorney in Georgia. you can look on AVVO, NAELA.org or LCPLFA.org

    See question 
  • Mom died 2 wks ago willing me all, only asset is a van worth 7,000...can I just have it put into my name without probate

    I am going to file a Disposition of Personal Property along with her Will and Death Certificate as soon as I receive any bills in the mail. Can I just put the car in my name and sell it before filing the Will. Thank you.

    April’s Answer

    Because her only vehicle should be an exempt asset, you may be able to avoid the probate process and make the transfer directly through the Department of Motor Vehicles. You will need to bring the registration along with the will to your local DVM office. If they are not agreeable, you would need to do the transfer via the disposition without administration.

    See question 
  • Is probate necessary if family members of deceased home owner agree on who gets ownership of home that is paid for?

    A friend lived many years in house owned by her grandmother. At gm's death a handwritten will was found leaving home to father of this friend until his death, whereupon ownership would then transfer to a grandson in perpetuity. This will was never...

    April’s Answer

    I wish I could give more than the prior two attorneys, but it would require full review of all documents. However, handwritten wills that are not properly witnessed are called holographic wills and are not valid in Florida. Even so, your friend and her father would do well to gather all documentation they have and see an attorney quickly.

    See question 
  • Question about the final estate 1041

    I have gotten mixed answers. Does a PR have to give the probate attorney representing the PR a copy of the final estate 1041. I have been told that the PR does not have to give the probate attorney a copy of the final 1041. I have been told thi...

    April’s Answer

    Since the attorney represents the personal representative and has responsibility for the estate it only makes sense that one would have to provide it. Moreso, the thought of needing to hold back shouts of some unspoken issue between the attorney and personal representative.

    See question 
  • Is there way to get funds left in my dad's campaign Account? He passed away in 2013.

    My dad was a city official. There was money still left in his campaign account but the bank will not release it. Is there a way for someone to retrieve that money?

    April’s Answer

    Before doing a probate I would want to know who is supposed to receive the proceeds of the account. It may have to be returned to the donors. I'd suggest you contact the division of Elections.

    See question 
  • Mothers income has changed since qualifying for financial aid for assisted living.

    If my mothers income has gone down significantly since she qualified for financial aid to help with her assisted living expenses, will medicaid make adjustments so she can stay where she is?

    April’s Answer

    You can file a change with Medicaid but, since she is in assisted living it may not reduce her responsibility. It all depends. But it is worth checking in to.

    See question 
  • What is "residual estate" and specific bequest and what portion of my mother's will means.

    My mother recently died and I have a copy of her will and it's confusing and I only wanted to ask an attorney what a couple things mean. I live in Texas but the will was drawn up in Louisiana. Please help.

    April’s Answer

    A specific bequest is a gift of a certain thing- such as a house or sum of money. A residual bequest is what remains after the estate is settled (specific bequests are given out, all creditors are dealt with and the legal fees and costs are paid). If you are going to see an attorney, I suggest you see an attorney in the state in which your mother was a resident when she died.

    See question 
  • My dad died last week without a will. He only has a bank account. Do I need to be named administrator to close his account?

    He wasn't married, he was living with someone. I'm next of kin and the only sibling. I signed papers for the burial arrangements. Everything is hers except for a few possessions we picked up and his bank account, which has $1,700. He had ...

    April’s Answer

    To do a Disposition Without Administration you will need to bring the funeral bills and proof of payment to the clerk of court. As far as filing his taxes that would be a question for a tax advisor.

    See question 
  • Failed to mention in inquiry if daughter can submit a claim as a representative for her deceased father w/ no estate, Florida.

    I had asked about submitting a claim for a settlement involving my deceased father who passed almost 2 decades ago. At the time of his death there was no will nor estate, my mother, who remained his wife (I am a lucky child) is still alive and I w...

    April’s Answer

    I agree, this is very confusing. I am going to limit my answer to: if there was a probate, the state of Florida, for probate purposes, does not make different requirements of children who are not Florida residents. This means, if there was a claim, and you filed a probate to act on it on behalf of your mother, you would be able to do so. Because it would be intestate (without a will) your mother would have to consent to your appointment. If there is a probate, you would certainly want to do it while your mother is living so you don't have to go through two probates to obtain the assets.

    See question