Archived
My father is incarcerated in another state and wants me to have power of attorney, is there a form good for use in any state?
Ruth's answer
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Answered on February 05, 2014
Please consult an estate planning attorney and explain this situation to him or her. There are different kinds of powers of attorney and it may be...
Is a Living Will trumped by a Guardianship?
Ruth's answer
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Answered on February 05, 2014
Since the guardianship is a Florida guardianship, you have a guardianship attorney. Please speak to him or her about this situation. The Order for...
Archived
Have guardianship of my brother. have to file guardianship report every year. Have to go through the attorney to file.
Ruth's answer
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Answered on February 05, 2014
In Florida, you cannot represent yourself in a guardianship or probate proceeding. Everything has to go through an attorney. If you are preparing...
Does filing a notice of trust under Florida Statute 736.05055 override and prevent a trust from being probated?
Ruth's answer
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Answered on February 05, 2014
trust assets that are actually in the trust do not go through probate. You called me yesterday and described how the assets are held. They are...
Archived
Once you get temporary custody of a child in writing and notarized, does it has to be also in writing to get it cancelled?
Ruth's answer
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Answered on February 04, 2014
I agree with the answers provided by the other attorneys. A parent is a child's natural guardian. The notarized document you describe is not...
Archived
Does a family member who doesn't havre Medical POA have the right to decide type and amount of care for elderly mother ?
Ruth's answer
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Answered on February 04, 2014
Conservatorship is definitely an option - but only as to finances. You may want to explore guardianship of the person since the finances are...
Archived
What records am i entitled to from my mothers estate?
Ruth's answer
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Answered on February 04, 2014
If your are personal representative of her estate or trustee of her trust, you should be able to get tax records. If someone else is PR or trustee,...
Archived
What to do if according to the county tax listing office the appraisal on real estate for an estate is 47% below FMV ?
Ruth's answer
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Answered on February 04, 2014
Perhaps the property should be appraised by another appraiser. Property values declined for several years and perhaps the county FMV records were...
Archived
Life ins trust for 3 sibs, trustee retiring. 2 of 3 sibs want all 3 to be co-trustees. Can a beneficiary also be a trustee?
Ruth's answer
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Answered on February 04, 2014
The trust should provide for a successor trustee of the procedure naming a trustee. Trusts often say that a beneficiary should not be a trustee....
Archived
I am the Successor Trustee of my Father's Irrevocable Trust, he passed. My sister hasn't returned the Acknowledgment of Notice.
Ruth's answer
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Answered on February 04, 2014
Since you have the receipt of delivery, that may be sufficient evidence that she received the Notice. To make sure that this is correct, please...
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