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Carol Anne Johnson

Carol Johnson’s Answers

3,185 total


  • HOW DO I PUT A HOME THAT MY MOTHER LEFT TO ME IN TO A TRUST OR LIFE ESTATE DEED

    MY MOTHER LEFT PROPERTY TO ME AND MY SIBLINGS MY TWO SISTERS TOOK ONE PROPERTY AND SOLD IT AND THE PROPERTY I LIVE IN THEY DECIDED THAT IT SHOULD BE MINE FOR NOW IT IS IN THERE NAMES BECAUSE I HAVE AN OLD STUDENT LOAN AND AM ON SSI AND MEDICADE AN...

    Carol’s Answer

    Owning a home (valued at $525K or less) is not a resource that is counted against you for Medicaid purposes and shouldn't affect your SSI, either. However, the issue presented may be problematic since you only own part of the home. You need to speak with an elder law attorney (they generally have knowledge of estate planning and Medicaid) about how best to achieve a transfer that is not going to create ineligibility.

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  • Simple agreement between siblings for the future purchase of an inherited home?

    My sister and myself inherited our parents' home several years ago where I currently reside and have since the passing of our mother. At one point my sister and BIL also lived with me but have returned to their own property here not far from me. I...

    Carol’s Answer

    It is terrific that you have such a good relationship with your sister and her husband. Have an attorney draft the agreement. Should anything happen to you and / or your sister (God forbid), you need to have something in writing stating for what purpose the money is being given.

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  • Revocable Trust - Undue Influence

    My elderly mother passed 3 wks ago. Originally, I was Trustee and my older sister was Co-Trustee. In a moment taking care of my mother after a broken bone injury in 2011, she wasn't following advice of visiting nursing staff. I was told if she ...

    Carol’s Answer

    I am very sorry for your loss and the circumstances that make you write this forum. You will need an attorney. Depending on what the trust agreement says as to "choice of law", it may or may not be tried in FL. Best to have your attorney advise after reading the document. Unfortunately, you cannot testify on behalf of your mother as to her intent. Without her having put into the trust or a testamentary document, the bequest to your son or canceling your debt to the estate, neither of those is likely to happen. The trust controls. If is was changed substantially after your sister removed your mother to IL, then you will have to prove with clear and convincing evidence there was undue influence - a task made more difficult when dealing with testamentary claims. Again, unfortunately, the length of time and breadth of your devotion to your mom may not be relevant in this matter. Good luck.

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  • Is a live in boyfriend entitled to compensation after you break up

    My boyfriend moved into my home months after I purchased. I had a very small mortgage as I had put down a large sum on the home upon purchase. The boyfriend would contribute monthly to the bills just like he would have to if you had an apartment o...

    Carol’s Answer

    Technically, if he is not on title to the home, and you two are not married, he has no claim on the property. However, as my colleagues have pointed out, there may be an equitable interest depending upon how and what he provided towards the maintenance, payments or upkeep on the home, minus the realistic rental amount that he would have paid elsewhere for a similar residence.

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  • After foreclosure of 1st mortgage, what happens to a Federal IRS Tax Lien that was filed after the Lis Pendens of the 1st?

    1. On 5/1/2010, Bank A filed its Lis Pendens to foreclose on its mortgage. 2. On 6/1/2011, IRS filed its IRS lien for non-payment of Federal Tax by the owner. 3. On 6/1/2012, Bank A amended its Complaint to add a previously omitted lien holder ...

    Carol’s Answer

    If there is a lien that has attached to a property and it is purchased at foreclosure by a bona fide purchaser for value after the fact of the lien being placed, the only real remedy is to quiet title with evidence that the lien is not that of the BFPV. What SHOULD HAVE happened is meaningless, after the fact. The wrinkle is the issue of what position the lien actually held and if the lien is against the property (secured by it) or property owner.

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  • My realtor and I signed a 2nd contract changing price of my property $10,000. My realtor won't sell for 2nd contract price.

    Their company, a large one, has also sent me 3 emails through the past 3 months, stating at different times there has been a first showing of my property. Therefore, I do not believe there has been any showings. One day, a [redacted] from t...

    Carol’s Answer

    If you can, I would remove your question and restate it without mentioning anyone's name in a derogatory fashion - I would hate for your request for help to become a libel lawsuit against you. Your question is very fact-specific and without reading your contract, it is impossible for us to answer. First recommendation I would have is to speak with the broker in charge of the company with whom you have contracted. Property sales is a factor of the market, the location and the desirability of the property, without knowing more I cannot say whether you are being properly represented or not. Sorry.

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  • Golf course was not in place when we bought our house Golf course now has a fairway where we get balls through our windows.

    Maybe the golf course should reconsider the yardage for this hole?

    Carol’s Answer

    Sun City Center is a recreational seniors community with many, many communities based around golf courses. What your options are will depend on a) what the developer's plans included, b) what was disclosed during your purchase, c) whether the HOA decided arbitrarily or unilaterally to install the golf course, d) and, and... As Attorney Greenbaum has suggested, the first place to begin is with the HOA and their attorney, understanding that in his official capacity he represents the HOA BOD. But, the HOA may be willing to offer a net of some sort to capture stray balls before they break another window.

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  • Can my mother evict tenants for not paying on property under an estate?

    My grandparents passed away intestate & my mother is the heir. My grandparents had a property rented and now the tenants don't want to pay. She's doesn't have money to finish paying for probate. Can she legally evict the tenants? The tenants are ...

    Carol’s Answer

    Your mother needs to start the probate proceeding and minimally get letters of administration which will allow her to act on behalf of the estate. Then, she can start eviction proceedings. The tenants are taking advantage of a situation. You say that your mother cannot afford to "finish" probate - how far along is she? What does her attorney say?

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  • What do I need to do before purchasing land from my relative?

    14 acres being sold for approximately $50,000.00. Before signing an agreement, what steps should I take to ensure that I am getting everything done appropriately? Should I pay using a joint account with my spouse or an individual account?

    Carol’s Answer

    That completely depends upon your goal, which you haven't mentioned in the question. Not enough information. I can recommend that you hire a real estate attorney to draft the agreement and s/he can go over with you the various options for owning the property. Whether you pay using a joint or separate account is generally immaterial. If either account contains monies that came from work effort of yours during the term of the marriage, it is also an asset of your spouse.

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  • What will happen to my home

    me and my fiancé bought a home both names on deed he pass away had 3 grown kids and one of them was power of attorney and they think they own the house he had no will his passing was quick he had told his kids he wanted in my name only but it didn...

    Carol’s Answer

    The power of attorney ceased to have "power" as soon as he passed away, so not to worry. Worst case is you own half the house with his children sharing the other half, or if as my colleagues have mentioned you purchased it with a right of survivorship, it is all yours now. Good luck.

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