Archived
Can the funds in a disclaimer trust be used for the entrance fee for a continuing care retirement community?
Joseph's answer
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Answered on March 24, 2013
No one can answer your question without revierw of the trust(s).
If one disclaims a portion of assets in a trust-the disclaimed assets can pass...
Archived
If a living trust does not designate a beneficiary, what happens after the person dies, does the co-trustee inherit?
Joseph's answer
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Answered on March 22, 2013
If your facts are accurate and the trust does not name beneficiaries-the beneficiaries would be determined by state statutes.
Also-Anything is...
Archived
It appears if I create an irrevocable trust or any trust that allows my trustee to draw money out freely for my use
Joseph's answer
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Answered on March 22, 2013
I agree with Attorney Pankowski.
The problem word in your question is "freely".
Irrevocable trusts have restrictive language on distributions.
Archived
Is my life insurance required to pay my debts when i am gone?
Joseph's answer
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Answered on March 21, 2013
The simple answer is NO.
Insurance proceeds are exempt in Florida from creditors
and does have to be used to pay the creditors.
Archived
I need to create a living trust but wondering if I can do it through legalzoom.com or if you do not recommend it.
Joseph's answer
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Answered on March 21, 2013
I think an experienced competent estate planning attorney would be your best bet.
Nothing can replace an attorney discussion about your needs and...
Archived
Wills and power of attorney.
Joseph's answer
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Answered on March 21, 2013
The life insurance policy with a beneficiary and is not controlled by the will or trust.
The power of attorney is void upon death but would be a...
Archived
My Father passed away on or about May 5, 2012 of last year. Have I waited too long to do anything as far as my rightsm as heir?
Joseph's answer
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Answered on March 21, 2013
A child does not have automatic rights to an estate.
Your fathers will or trust or statutory rights will prevail.
If your father has a will or...
Archived
What if there is no paragraph titled "Effectiveness" in a durable POA, Designation of Health Care Surrogate and Preneed Guardian
Joseph's answer
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Answered on March 21, 2013
It is effective as soon as signed unless the document has stated other conditions.
Archived
I need to have my brother removed as trustee. I am unemployed and need to do this without an attorney.
Joseph's answer
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Answered on March 20, 2013
You really have limited chances of success without an attorney-sorry.
Archived
Guardian of estate. Is a guardianship of estate a liberty interest, a property interest, a pecuniary interest, or all three?
Joseph's answer
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Answered on March 20, 2013
A guardian is a custodian interest in the property of another for their best interest supervised by the court.
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