Questions Answered by David M. Goldman

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

1 Answer | Asked in Family Law and Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
Have a guardianship attorney review this, generally, a guardian does not have this right

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

1 Answer | Asked in Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
You should review the documents with an attorney so they can give you accurate information.

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

1 Answer | Asked in Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
Generally, a probate will be required to access the funds in an account that an individual had.

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

2 Answers | Asked in Civil Rights, Insurance Defense, Probate and Public Benefits for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
Consult with a property attorney who deals with hurricane damage.

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

1 Answer | Asked in Elder Law for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

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

2 Answers | Asked in Divorce and Domestic Violence for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

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

1 Answer | Asked in Estate Planning and Family Law for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
He needs to find an attorney to review the facts and see what options there are.

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

2 Answers | Asked in Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
You can petition the court to accept the copy, Hire an attorney to help handle this for you

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

3 Answers | Asked in Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

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

2 Answers | Asked in Elder Law for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
Jason is correct

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

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

2 Answers | Asked in Estate Planning for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

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

2 Answers | Asked in Estate Planning for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

Q: who shares in my estate

3 Answers | Asked in Estate Planning for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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 be made.

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

3 Answers | Asked in Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

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

2 Answers | Asked in Elder Law and Municipal Law for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
The homestead protects from liens that are not related to the property. Not from the IRS, or property related issues.

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

4 Answers | Asked in Estate Planning and Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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 who is familiar with elder law.

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

3 Answers | Asked in Estate Planning and Probate for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

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

2 Answers | Asked in Estate Planning for Florida on
Answered on Jan 7, 2019
David M. Goldman's answer
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.

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

1 Answer | Asked in Elder Law for Florida on
Answered on Dec 31, 2014
David M. Goldman's answer
This should be posted under MA as you will be dealing with their rules, probably loose the money from the home in MA

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