Lawyers, Answer Questions  & Get Points Log In

Questions Answered by David M. Goldman

1 Answer | Asked in Family Law and Probate for Florida on

Q: My mother has dementia and a court appointed Guardian. Her caregiver (brother) cut my sister and I from the will.

In Dec. 2015 my mother's will was changed (she was not diagnosed with Dementia at that time) the will my father and her made, leaving out my sister and myself from the main asset, her waterfront home. My brother is her health surrogate and caregiver and is paid 2400 a month to do this plus no... Read more »

David M. Goldman answered on Jan 7, 2019

Have a guardianship attorney review this, generally, a guardian does not have this right

1 Answer | Asked in Probate for Florida on

Q: I have a question about filing an amendment to my petiton

I filed a petition for Presumptive death certificate for my father with the clerk of court. I paid the filing fee with the clerk of court. The judge ordered the dept of health amd vital statistics to respond with a solution to my case. They responded by saying that i have fill out some forms which... Read more »

David M. Goldman answered on Jan 7, 2019

You should review the documents with an attorney so they can give you accurate information.

1 Answer | Asked in Probate for Florida on

Q: If my brother had set money away in his private checking account, can his family petition to have access to it to pay

for funeral expenses?

David M. Goldman answered on Jan 7, 2019

Generally, a probate will be required to access the funds in an account that an individual had.

2 Answers | Asked in Civil Rights, Insurance Defense, Probate and Public Benefits for Florida on

Q: How can I get a lawyer to assist with getting homeowner's insurance to respond after Irma damage and or management?

It has been over a year already since Irma hurricane and my mother has yet received any services for the damages. Her case remains open but my day to day concern is that her inside roof is falling and at any time can collapse. The insurance tell me you need to contact your property management and... Read more »

David M. Goldman answered on Jan 7, 2019

Consult with a property attorney who deals with hurricane damage.

View More Answers

1 Answer | Asked in Elder Law for Florida on

Q: My mother is disabled has als and I’m her caregiver the question is we are being evicted and we have until the 26of dec

The association wants us out the 26 the landlord wants us out on the 31

David M. Goldman answered on Jan 7, 2019

Did you have a question? Given that it is January, it may not make a difference at this time, but you should seek help under real estate not elder law.

2 Answers | Asked in Divorce and Domestic Violence for Florida on

Q: If married but home and property are only in my name does my wife have rights to it after I ask her to leave my home

I'm 70 years old, my wife is 50 years old. I found her in my room with another man but I went to jail not either my wife or the man with a machete in my bedroom

David M. Goldman answered on Jan 7, 2019

Sounds like you need to repost this under Divorce, and criminal law. If you die, she will be entitled to 1/2 the home or a life estate if you are still married.

View More Answers

1 Answer | Asked in Estate Planning and Family Law for Florida on

Q: my aunt had custody but my brother is now 18 and she is trying to steal his inheritance money left from his dad

He was under her custody but has been out of her household since about 15/16 and she was still receiving benefits for him and me his big sister tried to get guardianship they told us that it would be a waste of time and that he was old enough to determined where he wanted to be and did nothing so... Read more »

David M. Goldman answered on Jan 7, 2019

He needs to find an attorney to review the facts and see what options there are.

2 Answers | Asked in Probate for Florida on

Q: My Mom died more than a year ago. I am the heir and trustee of the living trust. I have 2 checks that are made out to

living trust. I can not cash them because the bank closed the living trust account since it had not been used for so long (without my permission). In order to file a petition for summary administration to cash these checks they want the orginal copy of my Mom's will. I made copies of her will at... Read more »

David M. Goldman answered on Jan 7, 2019

You can petition the court to accept the copy, Hire an attorney to help handle this for you

View More Answers

3 Answers | Asked in Probate for Florida on

Q: My sister died not leaving a will. She had a mortgage on her home. And a car. Is there a. LEgal way for me to follow her

Wishes and assume the morgages

David M. Goldman answered on Jan 7, 2019

There is nothing that says you can't make the payments. Whether you are entitled to the property is another issue. You should consult with a probate attorney to determine who the property belongs to.

View More Answers

2 Answers | Asked in Elder Law for Florida on

Q: In FL, how is VA Aid and Attendance truly counted as MAGI for a surviving spouse? 2019 A&A is $1209.

I have read VA A&A is 1. totally countable medicaid income, (MAGI) 2. that only the pension portion of $735 is countable, and 3. that it is totally non-countable. She is recently in a nursing home and receiving A&A, and will be until Medicaid is applied for and approved. Then I shall notify... Read more »

David M. Goldman answered on Jan 7, 2019

Jason is correct

VA pensions are included as unearned income, excluding the amount of aid and attendance, housebound allowance, and unreimbursed medical expenses

View More Answers

2 Answers | Asked in Estate Planning for Florida on

Q: Grandson and his wife did sign mortgage back in 2014 when Father deeded him his house. When he died in

2015 grandson was to pay three siblings monthly payments according to will. Never received any payments. Now he is divorced and just got a new mortgage on house. Can I go after anything or I am just out of luck?

David M. Goldman answered on Jan 7, 2019

You will need to review the facts with an estate planning attorney to determine if you have rights or it has been too long to do anything.

View More Answers

2 Answers | Asked in Estate Planning for Florida on

Q: Father died in 2015. My brother was executor. He deeded house to grandson before he died. Grandson was to pay

Monthly payments of $200 to his three adult children for the house. I have copy of will sent to me showing I am a beneficiary. I sent certified letter to grandson, with copies to my brother and sister asking when I would receive payments but no response. Is there a time limit to claim my... Read more »

David M. Goldman answered on Jan 7, 2019

Yes, there is a time limit to claim payments. The time limit depends on the facts and what was done. It may be as long as 5 years or could be much shorter depending on what type of claim you actually have.

View More Answers

3 Answers | Asked in Estate Planning for Florida on

Q: who shares in my estate

I bore 2 children and 1 is deceased. my will states I have the following living child. The term child or children as used in my Will includes the above listed children and any children of mine

that are subsequently born or legally adopted.

David M. Goldman answered on Jan 7, 2019

Typically in FL, if you have a deceased child, their share will go to their descendants, if none to the other siblings. How this works will depend on the terms in your will and how it is written. You should review your will and objectives with an attorney to determine if changes should or need to... Read more »

View More Answers

3 Answers | Asked in Probate for Florida on

Q: How long does probate generally take? I'm visiting Florida for a week to handle my father's affairs. Is that enough time

to go through probate?

David M. Goldman answered on Jan 7, 2019

NO, you can get started in a week but a probate can take 60-90 days for a summary administration and 6-12 months for a formal administration. These times are assuming nothing goes wrong or there are no delays.

View More Answers

2 Answers | Asked in Elder Law and Municipal Law for Florida on

Q: Can a city government impose exorbitant civil fines on a senior citizen FL homesteader with income below poverty line?

There is a 72 year old female senior citizen who lives as a single woman in her "Safe Haven" homestead residence in Saint Petersburg, FL, with total annual income of $7,800 approx. which is well below the IRS poverty line limits. The city government of Saint Petersburg FL is repeatedly trying to... Read more »

David M. Goldman answered on Jan 7, 2019

The homestead protects from liens that are not related to the property. Not from the IRS, or property related issues.

View More Answers

4 Answers | Asked in Estate Planning and Probate for Florida on

Q: Can a quick claim deed be done if I want to "sell" a house instead of going into probate?

David M. Goldman answered on Jan 7, 2019

If the owner is alive, they can transfer the property with a deed. This may disqualify you from long-term care benefits if done within 5 years of a need. It might be a better solution to use a trust or enhanced life estate deed. This is something you should discuss with an estate planning lawyer... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for Florida on

Q: If a house is left to three people in a will, does it need to go into probate to be sold?

David M. Goldman answered on Jan 7, 2019

Only if the home was still owned by the decedent at the time of death. If it was in a trust or jointly owned with rights of survivorship, or on an enhanced life estate deed, then there will not be a probate needed.

View More Answers

2 Answers | Asked in Estate Planning for Florida on

Q: My mom dies with a Nevada will with no property

she had nothing no car or home or property just our joint bank account and i did not file or probate the will as i did not know i needed to. Now i live in Florida and my sister thinks she should get money and personel belongings of my moms. My mom left everything to me in a will and left one... Read more »

David M. Goldman answered on Jan 7, 2019

Unless there is substantial personal property or other assets that might be subject to probate, the risk is little that she will spend a bunch of money to object to a will and receive 1/2 of almost nothing.

View More Answers

1 Answer | Asked in Elder Law for Florida on

Q: Can my parents' facility not allow them to eat together in their formal dining room, now that one of them is in ALS?

They will let my dad eat in ALS with my Mom,. but she is not allowed in the main dining room. This seems to me to be discrimination. My Mom feeds herself, looks fine and can order for herself. After 63 yrs. of eating together, it seems disgraceful that they can't eat together in the dining room... Read more »

David M. Goldman answered on Dec 31, 2014

This is not really a legal question.

1 Answer | Asked in Elder Law for Florida on

Q: Have small home in oldsmar with mortage husband 80 has alzheimers nursing home eventually need to sell home medicare law

Need to sell and move back to mass. need advice on fixed income

David M. Goldman answered on Dec 31, 2014

This should be posted under MA as you will be dealing with their rules, probably loose the money from the home in MA

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.