Archived
What kind of reprecussions would fall on my husband and I as caregivers to his 87 yr. old mother, if she crashes her car.
Joseph's answer
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Answered on August 27, 2012
Her doctor can send information to DMV to have the license revoked.
Caregivers do not take on liability if the auto is in mothers name and she is...
Archived
My mother passed away and left a retirement plan worth $ 32,000 she had no will and no beneficiary. what do I do?
Joseph's answer
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Answered on August 27, 2012
You will need to open a probate estate-make appointment with probate attorney in the county she resides.
Archived
Testamentary Trust and Inter vivos Trust
Joseph's answer
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Answered on August 27, 2012
Testamentary Trust is drafted in your will and is created upon death.
This will goes through probate in order to create the trust.
The...
Archived
My Father recently passed away. My Mother is making a will should she make a will or trust. She has over a 1,000 acers to divide
Joseph's answer
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Answered on August 27, 2012
She should meet with an estate planning attorney and work together to design her state plan with all the options explained.
Most of my clients...
Archived
Which will is valid? Is a will prepared in 1988 valid or the will in 2011/12 if elderly was diagnosed with Alzheimer's/dementia
Joseph's answer
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Answered on August 27, 2012
If you can prove undue influence or incompetence-the will be be set aside.
You need a probate litigation attorney ASAP.
Archived
I have a house in the US and an apartment in France. Also a will in both languages and two executors,one in each country.
Joseph's answer
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Answered on August 27, 2012
First -you should consider a trust to avoid probate in FLORIDA and the Florida PR and Attorney are each entitled to a 3% fee.
The real estate in...
Archived
I inherited a condo in Florida? Do I inherit the contents under Florida law?
Joseph's answer
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Answered on August 27, 2012
No-it would not be automatic.
The contents should be appraised and you might
be able to purchase or recieve as part of your share if you are...
Archived
Does it take over a month to clear large settlement check from a trust account?
Joseph's answer
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Answered on August 27, 2012
Talk to the attorney again-the squeaky wheel gets the oil.
Archived
If I have all my assets in a family trust, do those assets have to be spend prior to receiving Medicare for nursing home
Joseph's answer
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Answered on August 27, 2012
A local elder law attorney should be able to help you arrange your estate into non-countable assets that could lead to medicaid benefits.
The...
Archived
Rules for closing an estate:
Joseph's answer
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Answered on August 27, 2012
The normal timeline in Florida for a non-taxable estate is one year.
The PR can not take advantage of assets in the estate for personal...
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