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Florida Elder Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Both my name and my mother's name are on the deed to her house. Also, her will directs the house to pass to me.

However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?

Phillip William Gunthert
Phillip William Gunthert
answered on May 4, 2024

Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More

0 Answers | Asked in Elder Law for Florida on
Q: If a man is driving in his appropriate lane and hits a law enforcement officers vehicle that is parked , with no lights

On , while sitting across both lanes of a road. Then , the same law enforcement officer directs an electric company vehicle into the same vehicle that has hit the police car, can the person be placed at fault or can that person sue for damages, when his vehicle was totaled because of the negligence... View More

1 Answer | Asked in Criminal Law, Immigration Law and Elder Law for Florida on
Q: Sister is abusive. She is now harassing the caregiver for my father. Advice is appreciated. Thank you.

My sister is an abusive person and has mentally abused my elderly parents and also me for years. When we don't do what she wants, the abuse intensifies. She has been sending harassing texts to the caregiver I hired for my elderly father. Because the caregiver will not respond to her abuse... View More

James L. Arrasmith
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answered on Apr 26, 2024

I'm so sorry to hear about the abusive and harassing behavior from your sister. This sounds like an incredibly stressful and painful situation for you, your father, and his caregiver to be dealing with. A few thoughts and suggestions:

1. Document everything. Keep records and...
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1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My cousin is in a nursing home with dementia. Taxes are due on his FL home. can a family pay the taxes b4 tax lien issue

Can I submit an invoice to be reimbursed upon the sale of the home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

Yes, you can pay the taxes. You should also look into whether the home is exempt.

But someone should be responsible for his financial affairs; that person should take care of the tax payments.

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

Jamy Barreau
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answered on Mar 29, 2024

I think more information is needed to give a proper response here. How assets are titled is very important in trust planning. If assets are not appropriately titled in the name of the trust, it could lead the trust to not having authority over the particular asset. I would suggest meeting with an... View More

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Banking and Elder Law for Florida on
Q: My Aunt recently passed away and in her older years my mom’s name was on her bank. My aunt took out a forced loan

My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?

James L. Arrasmith
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answered on Mar 2, 2024

In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically... View More

1 Answer | Asked in Elder Law, Securities Law and Criminal Law for Florida on
Q: Mom is a victim of elder abuse by her financial advisor. He works in NY, she lives in FL. Do what in which jurisdiction?

He convinced her to write him checks for $139,000. And he prematurely terminated an annuity costing her a minimum of $69,000 in fees, penalties & lost bonus. He lied to both of us, telling us the account had matured. He's his own employer and I can't find him listed in FINRA.

James L. Arrasmith
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answered on Mar 2, 2024

Given the complexity of your situation involving elder abuse and financial misconduct across state lines, you may need to take legal action in both New York, where the financial advisor works, and Florida, where your mother resides. Start by consulting with attorneys who are familiar with both... View More

2 Answers | Asked in Elder Law and Probate for Florida on
Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 23, 2024

I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More

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1 Answer | Asked in Estate Planning, Criminal Law and Elder Law for Florida on
Q: I need to request from Alaska executer all info he didn’t execute will he’s stealing from estate and put father in home

Father being abused no monies are gifts given only to his daughter and wife in Alaska I just left Alaska in November

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 22, 2024

You should submit this question to Alaska Elder Law as you will need an opinion from the state where the elder is located .This may also be an Alaska Probate Law question if you have questions about what the estate is proposing as a distribution.

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Folks got locked out of their rental. How do I get the realtor to let them back in? Says HOA did not approve app.

My folks 87 & 89 sold their house moved into a condo, rent until close. Now realtor is kicking them out & changed locks. They have 2 cats that’s the HOA does not allow but they were not aware when they made the deal and the HOA will not approve their rental application. They paid 1 month... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 21, 2024

This is more of a real estate or a landlord tenant question than an elder law question. I would suggest that you choose one of those categories are resubmit your question.

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1 Answer | Asked in Family Law, Elder Law, Estate Planning and Probate for Florida on
Q: My uncle has passed away in Florida. He had dementia. How can I find out who his attorney or power of attorney was?

His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?

James L. Arrasmith
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answered on Jan 21, 2024

I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More

1 Answer | Asked in Civil Rights, Elder Law and Criminal Law for Florida on
Q: Can a file a civil law suit, if someone is violating my rights , and fraudulently press police charges with lies

I am in the middle of court case with criminal charges, for a crime I did not commit, the prosecutor wants to drop charges, but the supposed victim lies in the court and to the police statement and also refuses to let prosecutors to drop charges, and my case is costed my reputation n my life... View More

James L. Arrasmith
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answered on Jan 12, 2024

You might have the option to file a civil lawsuit for defamation if someone is deliberately making false statements about you that are damaging your reputation. In cases where these statements lead to criminal charges, the situation becomes more complex, but the essence of a defamation claim... View More

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Question about an elderly person with dementia and a caregiver who is now on the house deed and in the will.

In 2019, my grandmother’s caregiver told the family that the doctor said her dementia was getting worse and she could not drive or make any financial decisions. In 2020, my grandmother’s lawyer, who is friends with the caregiver, allowed my grandmother to sign over her condo and change her... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 1, 2024

Sure, it merits looking at. But the different signature doesn't necessarily mean that her mental ability was diminished.

1 Answer | Asked in Elder Law and Landlord - Tenant for Florida on
Q: assisted living facility--does this paragraph mean they can increase all 3 each year?

increase in aprtment monthly fee and healthcare services and incidental charges:

community will employ cost control measures consistent with sound financial practices and the need for regular and continued maintainence of the community and the level o services provided. Resident... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2023

Yes, that appears to be what it means. Like other rental contracts, the price can usually go up periodically, yearly in this case.

1 Answer | Asked in Elder Law and Family Law for Florida on
Q: Why can't I see my 87-year-old mother if there is no legal reason why

My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More

2 Answers | Asked in Consumer Law and Elder Law for Florida on
Q: I have dali lithographs from Center Art Gallery. Are they worth anything?

Purchased Dalis in Honolulu in the 70's/80's also Chagall - Homage to Marc Chagall. Will they appraise?

Angelo "Tony" Marino Jr.
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answered on Nov 6, 2023

A civil trial lawyer would be the kind of lawyer you need but someone who specializes in gender law. I would call your homeowner's insurance company to see if they will provide a lawyer to represent you.

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1 Answer | Asked in Real Estate Law, Contracts and Elder Law for Florida on
Q: real estate broker added her name to a life estate deed without permission. Is there legal recourse?

The buyer ( an elderly disabled Vietnam Veteran), had agreed to a Lady Bird deed with the brokers father, but the broker switched it to a life estate deed and added her own name.

She was at the closing as a “friend” of the buyer.

Anthony M. Avery
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answered on Nov 6, 2023

You are not clear about who the remainderman is. But you can probably sue to set aside the

Deed with a good FL attorney. But you will have to explain why you signed a Deed with the wrong grantees.

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