Archived
If one part of estate is in debt and the other is not should the part that's not help pay the debt to the other?
Joseph's answer
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Answered on January 27, 2010
The truck was most likely treated as exempt property with the wife having a spousal right to receive it. You should ask the probate attorney the...
Florida law regarding my responsiblity for the unsecured credit card debt of my deceased spouse.
Joseph's answer
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Answered on January 26, 2010
I usually advise clients to return bills with letter that states he died without probate or estate assets.
You are not responsible for bills...
Archived
Can mediciad force my sister who was caregiver to my Mom for years to move out of the house before my Mom can become eligible?
Joseph's answer
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Answered on January 26, 2010
The home is exempt (non countable) asset in determination of medicaid eligibilty. This is a special exemption in Florida because of homestead rules.
Archived
My grandfather has passed, he had a daughter & grandchildren, how can we find if there are any entitlements?
Joseph's answer
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Answered on January 20, 2010
In addition to above answers-if a will can not be found-the State of Florida has made a statutory will-and the wife has elective share, life estate...
What does an "In Trust For" really mean as applied to an IRA?
Joseph's answer
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Answered on January 16, 2010
The ITF is most likely for checkng account. The IRA should have named beneficiary which is usually a person as opposed to a trust.
It would...
Can a POA transfer money to a joint account with right of survivorship and then keep the money after the maker of the POA dies?
Joseph's answer
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Answered on January 03, 2010
A power of attorney cannot use their document to legally benefit themselves. Your should consult an attorney to take appropriate action.
Can the executor fee be waived?
Joseph's answer
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Answered on December 31, 2009
Yes-she can waive her fee and expenses come off the top.
Archived
Can I back out of a deal if I am pending probate aproval?
Joseph's answer
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Answered on December 30, 2009
In addition to above answer-if you actually signed a contract that says "waiting for court orn probate approval" you would most likely have a...
Archived
Can a Life Estate ownership that will stand up to Medicaid requirements be formed with a letter correspondence?
Joseph's answer
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Answered on December 20, 2009
The life estate deed must be done thru a deed. The value of the transfer must be calculated to answer your question and you would need to provide...
Archived
Is it possible to settle an estate that is in probate without hiring an attorney?
Joseph's answer
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Answered on December 17, 2009
Way too many issues to proceed with attorney. In fact-I would predict multiple attorneys will be involved.
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