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Questions Answered by David M. Goldman
1 Answer | Asked in Elder Law for Florida on
Q: How long If on medicaid and in a nursing home must one be to sell a house without govt taking money?
David M. Goldman
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David M. Goldman
answered on Dec 31, 2014

In Florida your homestead is exempt. If you sell the home, you will loose your exemption and the funds from the house will be at risk.

1 Answer | Asked in Elder Law for Florida on
Q: Can a assisted living facility that was waiting on waivers for parents give them a eviction notice if they don t pay
David M. Goldman
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David M. Goldman
answered on Dec 31, 2014

While the appliction is pending a facility will typically not require payments

1 Answer | Asked in Elder Law for Florida on
Q: Does FL law designate no locks on resident's rooms in memory care unit. Locks were removed and BR locks installed
David M. Goldman
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David M. Goldman
answered on Dec 31, 2014

Generally memory car units have locks on the Floors. I do not believe there is a statute directly on this and it would be up to the facility and / or governemnt regulations

1 Answer | Asked in Elder Law for Florida on
Q: wife has power of attorney over husbond he is in long term care facilitywith als. will medicaid pay if second to

medicare

David M. Goldman
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David M. Goldman
answered on Dec 31, 2014

You need to ask a complete question. Medicaid will pay if they qualify under the asset and income test

1 Answer | Asked in Elder Law for Florida on
Q: how can I get medical poxy of my mother who has dementia? A granddaughter now plays the part. dementia person has 7 chil

what can we(children) do? Mother(dementia person) has no payee/guardian or power of attorney.

David M. Goldman
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David M. Goldman
answered on Dec 31, 2014

You need to visit a lawyer who handles guardianships.

3 Answers | Asked in Elder Law for Florida on
Q: I care for my mother in her home and she has dementia. I need to get power of attourney and the home and all

I need to make sure the home and everything will go to me when she goes and everything. I do everything for her and have been for years. Once alzhimers hits, I need to be sure everything is in order.

David M. Goldman
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David M. Goldman
answered on Dec 31, 2014

It may be difficult to obtain a power of attorney if your parent has Alzhimers. You will have to have your mother meet with an estate planning attorney to determine if she is competent enough to create a power of attorney.

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2 Answers | Asked in Elder Law for Florida on
Q: My father has Alzheimer's and my brother spent all his saving account money and has his SS check deposted into his accou

What can I do about this issue? I am sick a and unemployed. My other brother's are also senior citizens like myself we do not money to bury my father when his time comes. He had saved that money. Worry he is not taking care of my father . Just spending all his money.

David M. Goldman
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David M. Goldman
answered on Dec 31, 2014

You can talk to DCF about elder abuse or contact an attorney about recovering the funds.

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2 Answers | Asked in Family Law for Florida on
Q: Married 12/2006. my husband recently diagnosed with HSV type 2, admitted to affair with prostitute starting 1/2010

Can I legally take money from joint acc't even though money obtained from his SS and retirement

David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

Sure you can take it, I think the question is will you get into trouble. The answer to that depends on the circumstances and you should discuss it in detail with a divorce attorney prior to taking any action like this.

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2 Answers | Asked in Family Law for Florida on
Q: How do you get a visitation agreement with the other party to be enforced?
David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

Talk to your divorce attorney about bringing an action for failure to comply with the visitation agreement. Remember the court can always change issues on support and visitation for what is in the best interest of the child so if you bring up the issue, you may not like the results. You should... Read more »

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2 Answers | Asked in Family Law for Florida on
Q: Can an ex-wife sue for payment of college for an 18 child and take father back to court for retirement benafter 10 years
David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

One would have to look at the original documents and the circumstances but generally there is no obligation after 18 unless specified.

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2 Answers | Asked in Divorce for Florida on
Q: Do husbands always pay the wifes lawyers bills
David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

No, in fact some wives pay their husbands bills. Many times each pays their own.

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1 Answer | Asked in Probate for Florida on
Q: If there is no will, will the estate go to the new wife or the children of the decedent of homestead property?
David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

life estate to new wife and remainder to children, unless wife makes election for 50%.

1 Answer | Asked in Child Support for Florida on
Q: My child has been adjudicated as an adult, he's seventeen Must i still pay child support?
David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

You must file with the court to have your support changed.

2 Answers | Asked in Family Law for Florida on
Q: Inheritance money used for a house down payment that will be jointly owned by me and my husband?

What should I do to ensure this money is excluded from any future asset split in the event of a divorce?

David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

You should either borrow the money from yourself where you and your spouse agree to the repayment or enter into a post nuptial agreement where you lay out the terms of how these funds will be used in the future. Be careful because when purchasing a homestead there are certain rights that a spouse... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: I'm foreclosing on 4 properties. Meanwhile, I want to buy a house cash. Any tips or advices?

I heard I could deposit my cash money into a Trust Fund and my attorney would cut the check to the closing company. IRS could not do anything, and the banks either.

David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

An attorney cannot use their trust to protect your money. Any funds you place in an attorneys trust account would be reachable by the IRS.

1 Answer | Asked in Estate Planning for Florida on
Q: What needs to be done first setup a trust or complete assisted living arrangement.

We are in process of setting up a trust to put my mothers house into and also in processing getting her into an assisted living. Does the trust need to be setup prior to her admission to the assisted living?

David M. Goldman
PREMIUM
David M. Goldman
answered on Mar 17, 2014

You need to be very carful that you do not disqualify her or put her home at risk. You should meet with an elder law attorney to discuss this prior to taking any action.

1 Answer | Asked in Estate Planning for Florida on
Q: My son was consector of his buddies will his house up for short sell in florida my son lives in texas they sold house

Does he have to go all the way to florida to sin paper anyway to do that from texas

David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

He should be able to use a power of attorney and or a notary in Texas to sign the documents without having to travel to Florida.

1 Answer | Asked in Estate Planning for Florida on
Q: Married 19 years, divorced 1996, ex filed bankrupcy last year, will this affect my filing SS against his SS in 2018?
David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

Generally bankruptcy does not affect social security.

1 Answer | Asked in Estate Planning for Florida on
Q: If the seller is a life estate. Will the buyer receive a warrante deed? Will the title be marketable?Thank you
David M. Goldman
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David M. Goldman
answered on Mar 17, 2014

If you are purchasing a life estate it can be in the terms of your life or life of another. They type of deed you receive is up to who is offering it, but generally it will be a special warranty deed. The title may be marketable, but you would have to review the terms of the deed to see what... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: My sibling and I are named on the deed of a villa. If I die, will my portion go to my wife or kids
David M. Goldman
PREMIUM
David M. Goldman
answered on Mar 17, 2014

It depends on how you are named on the Deed. If you are an owner as a tenant in common then your portion will pass to your spouse or kids based on your will or the state's intestate statute. If you are named with rights of survivorship, your share will belong to the others. This can be... Read more »

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