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.
My stepmother signed a car title and gave the car away while in hospice car?
The person was not someone in her will.
It depends on whether she was mentally competent.
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.
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 »
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 »
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 »
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 »
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 »
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.
live in the house until he dies or can no longer then house passes to the other 3
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
Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?
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 »
I was told there is a new law in Florida stating citizens must use an attorney for notarizing wills. Is this true?
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
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 »
Stop playing lawyer and hire one.
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?
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 »
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 »
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.
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 »
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.
I want to set it up and pay for it myself. My mother would not want me spending my money on it.
Yes, what you do with your own money is none of your mother's business, and the POA you have has nothing to do with it.
The enhanced life estate deed would be the better option, homestead is a protected asset in Florida and as it relates to Medicaid, with enhanced life estate deed your parents would retain their homestead interests and protections. If you did a quit claim deed, you would run afoul of Medicaid... Read more »
Money is significant, multiple bank accounts, all emptied within a couple hours, for what can only assume is their own personal use. Does not benefit in any way the principle. Squabble in family over other estate matters within another country. Either country recognizes the other country's... Read more »
I assume you are trying to ask whether a bank can be sued if it allows an adult child of the principal (account owner) to withdraw funds by use of a power of attorney signed by the principal. Probably not, unless the POA was not in the proper form or the agents of the bank had reason to know... Read more »
My sister is in a nursing home in Pensacola, FL. They advised me to seek guardianship or POA. What are the differences and limitations or each? I live in Maryland.
You may find this list helpful as a reference possibly and for guidance.
Power of Attorney v. Guardianship
The POA agent (appointed person) is chosen by the principal (the one who appoints authority or giving POA) The guardian (appointed person) is chosen by the court.
Less... Read more »
If your sister has mental capacity and is able to understand and comprehend then you can accomplish what you need with a Florida Estate Planning Attorney drafting a Florida Durable Power of Attorney, if you sister is unable to comprehend things and is lacking mental capacity then you will need to... Read more »
The only reason why we didn't push for my aunt to be transferred to another hospital was that multiple administrative members assured us that the doctor who discharged my aunt would no longer be assigned to her. 3 days later her heart stops and is in ICU, we then find out that same doctor who... Read more »
You have asked two entirely different questions:
1) If your aunt suffered damages because of how the doctor or hospital treated her, you might want to consult an attorney who practices in that area.
2) You might also want your attorney to review the contract between your family... Read more »
Association:
And not by court action except as provided by Florida law for judicial review or arbitration proceedings.
Any court having appropriate jurisdiction may either judgment upon the award rendered by the arbitrator(s). Filing a judicial action to enable a recording of the... Read more »
You are correct that it's an arbitration clause, requiring legal disputes to be resolved in an arbitration proceeding rather than a court. Certain businesses like such clauses in their contracts in order to have disputes resolved in a less costly fashion and to prevent claims from being... Read more »
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