Archived
A question for a real estate attorney: Can an out-of-state heir transfer real estate in Ohio with a deed and an affidavit?
Joseph's answer
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Answered on October 26, 2013
I am a Florida attorney but think the ancillary proceeding would be the best way to transfer the property.
In Florida you could get a court order...
Archived
Can i sue a sandwich shop for false advertisement?
Joseph's answer
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Answered on October 26, 2013
I agree-anyone can sue anyone.
In this case-it most likely would not be worth the effort or cost.
I classify this as an economic decision rather...
Archived
My brother and I are co trustees to my my motheres estate. He is doing things without my knowledge. Can he do this?
Joseph's answer
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Answered on October 26, 2013
Are you sure the assets are in your mother's trust?
If so-review the language in the trust to see if the trustees can act independent from
one...
Archived
What is standard procedure regarding getting copies of power of attorney?
Joseph's answer
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Answered on October 26, 2013
I would not release a copy of a client document without permission of client
or a doctor's statement that they are incapacitated.
In this case...
Archived
My mother wants to give me all of their money to protect it from the nursing home. what are her options?
Joseph's answer
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Answered on October 26, 2013
Gifting assets creates a 5 year look back period.
Meet with a qualified medicaid attorney
that can shift assets into exempt categories
in order...
Archived
If an estate has a lot of debt and few assets is it better to just walk away?
Joseph's answer
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Answered on October 25, 2013
Many would walk away because you are not obligated and do not see a profit for your efforts.
One benefit would be that you would have the right to...
Archived
Life estate, what if I cant stay any longer?
Joseph's answer
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Answered on October 25, 2013
You need to decide what you want to do.
Depending on the timing of your husbands death-you may be able to elect
to have the house sold and take...
Archived
My father passed in 2009 left no will, had a safe deposit box at bank has the keys to box but can not get into the box.
Joseph's answer
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Answered on October 25, 2013
I practice in Florida and the Florida statutes allow a court order to look for the will and inventory
the safe deposit box before starting a full...
Archived
What is an appropriate answer when asked "What is the relationship between a son-in-law and a dead mother-in-law?
Joseph's answer
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Answered on October 25, 2013
As far an inheritance?
Is your wife living?
Anyone in blood line would have preference.
Archived
What do I do next regarding the details below on my father's estate?
Joseph's answer
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Answered on October 24, 2013
One option is to do nothing and let the creditors start a proceeding if they want.
You are not obligated to deal with the creditors.
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