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Florida Elder Law Questions & Answers
1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Medical Malpractice for Florida on
Q: Who shall we, the people, contact, to change a statute?

FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... Read more »

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2022

So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Can a quit claim deed be both a joint tenancy with survivorship rights and an enhanced life estate?

My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.

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2 Answers | Asked in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida on
Q: My brother robbed us for avrything we own my mother and I are blind and we had to run for our life's the police won't he

The police say its a civil matter he robbed us with a fraudulent POA for over two hundred and fourty four thousand dollars worth of money property and assets

Charles M.  Baron
Charles M. Baron
answered on Sep 6, 2022

You did not ask a question. Re-post to state what you wish to find out or what kind of help you are seeking. Also, we see our on end says, "Orland, CA asked ... in Civil Rights, Domestic Violence, Elder Law and Identity Theft for Florida." State where the events occurred, as it's... Read more »

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1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: Can the Principal be/ sign as his own witness on a General POA

My Dad’s “daughter” downloaded some generic General POA form for my Dad January 31 2011 and he was suffering from dementia & a brain aneurysm 10yrs prior. I finally got a copy and it shows him as the Principal ( all her writings not his, including writing his name ) and he also signed... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2022

No, Florida law (and Florida Statute 709.2105 in particular) requires that powers of attorney have two witnesses. Clearly the principal cannot be the witness to his own POA.

How was it "upgraded" to a durable POA in 2021? Did he again sign it, were there again two witnesses,...
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1 Answer | Asked in Estate Planning, Elder Law and Social Security for Florida on
Q: My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.

The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... Read more »

James W. Martin
James W. Martin PRO label
answered on Jul 15, 2022

Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Do I have to pay for my grandmas home bill?

I live in Tampa, Florida and my grandma recently had to move into a facility for elderly. This happend while I wasnt even in the country. I never signed anything and I am no responsible for my grandma since i am legally disabled myself. She actually is my payee. I only live off of SSI benefits and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2022

She is paid your SSI benefits? That doesn't matter; I see no reason you would be required to pay for her living in the facility,

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Florida on
Q: What's needed to claim deceased relatives property?

My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on May 31, 2022

Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:

1. Was there any property left to probate at your uncle's passing?...
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1 Answer | Asked in Elder Law for Florida on
Q: Is a spouse responsible for a deceased person's debts? what is the Florida statue?
Phillip William Gunthert
Phillip William Gunthert
answered on May 6, 2022

Generally, No, not unless they signed and agreed to be responsible. The estate may be responsible in a probate. I would encourage the spouse to speak with a Florida Probate Attorney.

1 Answer | Asked in Elder Law for Florida on
Q: Can a hospice patient sign a car title?

My stepmother signed a car title and gave the car away while in hospice car?

The person was not someone in her will.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 5, 2022

It depends on whether she was mentally competent.

1 Answer | Asked in Divorce, Real Estate Law and Elder Law for Florida on
Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?

Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 27, 2022

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... Read more »

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: If I have POA for my father and his estranged wife comes back after 10 years and gets one who's is active?

They do not live together and have not been together over 10 years. Dad now has dementia and dad's family allowed her to come back and take over. She is receiving all of dad's money but has abandoned him. He's being evicted from his apartment because she has not been paying the... Read more »

Amy B Dow
Amy B Dow
answered on Mar 23, 2022

First, just because someone has dementia, does not mean they are incapable of signing a new Power of Attorney (e.g. some folks with dementia have moments when they are very lucid/intelligent and others where they are not....if they sign during a "lucid interval" then the POA is valid).... Read more »

1 Answer | Asked in Contracts, Family Law and Elder Law for Florida on
Q: What is the approximate cost of reversing a Lady Bird Deed in Palm Coast Florida?
Phillip William Gunthert
Phillip William Gunthert
answered on Feb 27, 2022

You will have to check with the individual law offices or attorney and see what their individual fee for such work or hourly fee will be. A lot will depend on the circumstances and what needs to be done, the current deed would need to be reviewed for specific terms and rights reserved and precisely... Read more »

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for Florida on
Q: Can someone with an "agent" or "attorney-in-fact" be ejected from a property by the court without the agent knowing?

Hi. I was searching court records for my grandfather after my mother (his caretaker) saw an odd credit card charge. He is currently in a suit to be ejected from his girlfriend's property that was filed by his girlfriend's daughter/guardian. The issue is that my father has a POA for my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 13, 2022

If your grandfather is being sued to be ejected from his girlfriend's property, what difference does it make that he has a POA "for" your grandfather's father? You might want to re-ask this question so that it makes sense.

2 Answers | Asked in Elder Law and Estate Planning for Florida on
Q: I have 4 sons. 1 son is coming to live and care for me I am 80. When I pass I want to be sure that he can continue to

live in the house until he dies or can no longer then house passes to the other 3

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on Jan 28, 2022

You could give the son who is living with you a Live Estate and then have the other sons and him be the remaindermen so they would get the property when you die. This can be done through a deed.

Ellen DeutschTaylor

727 365-3121

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2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

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2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I am a low income senior and can't find anyone to notarize the will I created on-line. Who can help me?

I was told there is a new law in Florida stating citizens must use an attorney for notarizing wills. Is this true?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor
answered on Dec 27, 2021

Wills must be witnessed by two people and notarized if you are using a self proving clause. You should have your will reviewed by an attorney to make sure it complies with Florida law.

Ellen Deutsch Taylor

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1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: Does a successor agent of a durable POA have the right to file a unlawful detainer summons original agent is still actin

My aunt is trying to have me evicted from my grandmother's property against her wishes. She forged her name as the plaintiff on the summons but filled out the details in her own name. That's what I wrote in my answer. However we had a hearing where my aunt gave the judge a paper I did not... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2021

Stop playing lawyer and hire one.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Q: In Florida, Can we be sued if we video record home health aid? The agency is asking for the clip of the assault.

We’ve video recorded an physical aggressive behavior of the Caregiver toward elderly man and filled a report to Adult protective services about the incident. The private home care agency wants the video clip. I don’t believe I should sent it to the accused agency. Advise?

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Nov 4, 2021

I handle ALF cases and this is unfortunately quite common. You should immediately contact an attorney who handles ALF (Assisted Living Facility) and Nursing Home Negligence cases. This is valuable evidence which may form the basis of a claim against them. In Florida, there is something called the... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 15, 2021

This is not an elder law question. This is a real estate question. I would re-post it under real estate law or call and get the advice of a real estate lawyer.

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1 Answer | Asked in Elder Law for Florida on
Q: I have a question concerning a Durable Power of Attorney in the State of Florida.

I know a 71 year old male who I believe is suffering from alzheimer's disease. He signed a Durable POA to his former wife to act on his behalf. I believe she is taking advantage of him. She transferred both his condos to herself using quit claim deeds. She is also selling a storefront that he... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 27, 2021

If his ex-wife is misusing the POA, the heirs may have remedies upon his death. If you have any idea who they may be (whether named in a will or next of kin and thus his heirs under the intestacy statutes), you might want to alert them.

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