Archived
Can the desires of someone (their written 'will') be executed without going to probate court? Why are wills probated? Is there a
Joseph's answer
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Answered on May 12, 2012
Short summary of the above answers-the only way to get an asset out of a deceased persons name is by the authority granted by the probate court.
Archived
What can we do to help out invalid 80 year old brother
Joseph's answer
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Answered on May 12, 2012
A court appointed Guardian might be the only and best way to proceed. It would appear it would be easy to prove it would be in the best interest of...
Archived
How can my brother get his ex wife out of nursing home?
Joseph's answer
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Answered on May 11, 2012
I am Florida attorney-not sure where "woman in question " lives.
My advice based on Florida law would be to get a written doctor's opinion...
Archived
Am i obligated to pay for my own guardianship now that i am of age?
Joseph's answer
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Answered on May 10, 2012
I think any attorney would have to review the accountings and court files.
However, my first thought is that these are separate files-probate and...
Archived
Who And How to Obtain Power of Attorney for Health Care purposes
Joseph's answer
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Answered on May 10, 2012
I practice Law in Florida and my answer is based on Florida Law (do not know where your father lives).
Only your dad can grant the power of...
Is there a time limit on settling an estate
Joseph's answer
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Answered on May 10, 2012
The court uses a "reasonable time" standard on real estate matters in estates.
If you feel that she is not being responsible and performing her...
Archived
My brother has miss-used my mothers money that was left to her. My brother is the POA the state is denying him medicaid.
Joseph's answer
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Answered on May 09, 2012
Medicaid for her?
Most nursing homes would not allow a debt to accumulate that high.
Did he sign any contracts that obligated himself?
Most...
Archived
If my father is enable to sign a poa how would it be able to get done,but he is able to understand and is fully aware..
Joseph's answer
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Answered on May 09, 2012
First-I am a Florida attorney and only practice in Florida.
I often handle cases like this-and in Florida your father could sign by 'his mark" or...
Archived
Do i need an attorney?
Joseph's answer
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Answered on May 09, 2012
The most common way to contest the will is if the maker of will was incompetent or signed the will under undue influence.
Archived
Do you have to be a resident of the state that a person died in and was from to be the pr for the deceased person?
Joseph's answer
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Answered on May 09, 2012
Each state has statutes on your question.
Florida allows residents to serve as PR and also allows non residents if related by blood or married to...
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