Archived
What to do? Executor does not complete distribution of assists of a non contested Will. All property sold prior to death.
Marc's answer
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Answered on July 25, 2014
You need to engage an attorney to request the information you are not receiving from the Personal Representative and/or his legal counsel. Unless...
Archived
Quick Florida Estate Planning Question
Marc's answer
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Answered on April 29, 2014
Not sure who told/advised you of that fact but they are 100% incorrect. A document, which transfers title and/or ownership, can be executed at any...
Archived
What does "No Witness To Will" mean?
Marc's answer
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Answered on April 22, 2014
It means that the Will did not contain the requisite two witnesses as required under Florida law. As a result, the document is not being accepted...
Archived
Should my wife and I get a divorce to qualify for Medicaid help with part b medicare and food stamps
Marc's answer
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Answered on April 17, 2014
You need to consult with an attorney who specializes in Medicare planning. You have options available to you that do not require you to get a...
Archived
How can I put my mothers house in my name? House is in mom and dads name, dad is deaceased. I live with my mother.
Marc's answer
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Answered on April 15, 2014
First, the home is creditor protected during her lifetime under the Florida Homestead laws. Second, upon her death, it can pass to a child and/or...
When rental properties are part of the probate estate, will all rental income be deposited into the Courts?
Marc's answer
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Answered on March 31, 2014
The rental income would be a part of the decedent's probate estate. If a Personal Representative (PR) is appointed, they will be able to collect...
Archived
What laws protect an elder from medication being forced upon them?
Marc's answer
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Answered on March 31, 2014
Your authority would exist if you are his Health Care Surrogate. You are empowered, in that capacity, to make these medical decisions on his...
Archived
Can a will be executed in Florida and be valid in Texas, as a Texas Resident.
Marc's answer
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Answered on March 26, 2014
So long as the instrument complies with Texas law it should be valid. I would double check with your Texas attorney.
Archived
What makes a home a homestead.
Marc's answer
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Answered on March 20, 2014
The answer to your question is more complex than a yes/no answer. First, who passed away first, Mom or Dad? If Dad died first, did Mom intend the...
Archived
My sister has full POA of our mother, medical and financial. Can she keep me from visiting my mother in a nursing home?
Marc's answer
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Answered on March 20, 2014
Only if you are a danger to her health (which she can prove) or if she obtains a restraining order against you. Otherwise, a POA does not permit...