Archived
If an elderly spouse files for divorce and the other spouse is later diagnosed with Alzheimer's can that prevent the divorce?
Joseph's answer
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Answered on July 15, 2010
If one spouse has been declared imcompetent by the court and guardianship has been establashed-the proceeding can be delayed for two years.
Archived
Spousal gift
Joseph's answer
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Answered on July 13, 2010
In addition to above answers-no tax ramifications-just loss of control of money.
Archived
My mother wants to leave my brother a farm with the proviso that my stepdad can live there until he dies. Will or living trust
Joseph's answer
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Answered on July 12, 2010
My answer is slightly different in that I would transfer farm property to trust upon creation of trust and not have it "pour over" into trust upon...
Archived
How much do I get after my mothers cousin?
Joseph's answer
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Answered on July 11, 2010
Agree with first answer. It would be best to have attorney file probate proceeding because of number of people involved.
Archived
Is a beneficiary of a Florida will entitled to the proceeds from sale of the exempt homestead or pers. property items?
Joseph's answer
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Answered on July 10, 2010
Yes-if you are related to the deceased and if the will did not direct the property be sold.
The proceeds would distributed you-free from...
Archived
My son has part of inheritance that is supposed to be given to him at 21 and the second at 25. He turned 21 in September 2009.
Joseph's answer
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Answered on July 07, 2010
The most a Florida attorney could do(or your son could do) would be a certified letter to demand immediate release of funds. Any court action...
Archived
Can one who has been named as personal representative relinquish this to the only named (100%) beneficiary?
Joseph's answer
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Answered on July 04, 2010
In summary-Yes you can resign and new PR can be approved my court.
Archived
I don't speak to my father. If he passes away am i entitles to the estate being one of 5 children?
Joseph's answer
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Answered on July 03, 2010
He does not have obligation to leave anything to an adult child. If he dies without a will-you would be entitled to 1/5 of estate. I assume that...
Archived
Which is a better way to transfer property, by will or deed transfer with right of suvivorship?
Joseph's answer
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Answered on June 28, 2010
I would usually recommend a Living Trust in just your name and name son as beneficiary.
This would result in all the beneifts of homestead, no...
Archived
Insolvent estate
Joseph's answer
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Answered on June 13, 2010
The homestead can be left to "heirs at law" or bloodline free from claims of creditors.
The rest of the estate would take of bills pro-rata.
You...
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