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Questions Answered by Sherri Stinson
2 Answers | Asked in Probate for Florida on
Q: My brother passed away unexpectedly, I was his poa. No will no executor what do m.j I do now to take care of his stuff

Has 2 kids 19 and 21 which they abbonden there dad 10 years ago, I want them to get some of his things what should I do and how? Had no will, no executor, left me in charge but not on paper, worried 2 estranged sons will try to take everything when I need to pay his Bill's, I've already... Read more »

Sherri Stinson
Sherri Stinson
answered on Nov 14, 2019

Any authority you had as power of attorney terminated at the time your brother died. Unfortunately, this case demonstrates why everyone should have a will. Without a will (called "intestate") means that people you may not want to receive your assets will inherit. Unless you've... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: My mother is 92 and starting to fall. My sister checked with some long-term care facilities who told her that my mother

Would have to sell all of her assets and give the funds to the facility in order to get in I find that ludicrous is this how it's supposed to work

Sherri Stinson
Sherri Stinson
answered on Jul 7, 2019

The facility is talking about Medicaid planning. My guess is that your mother is going to run out of assets but presently has either too much in income or assets to qualify for Medicaid. The income cap limit for 2019 is $2,313 gross per month and the asset limit is $2,000 in countable assets for... Read more »

2 Answers | Asked in Probate for Florida on
Q: Person dies intestate in Florida. Only survivors are a sister and nieces/nephews of deceased siblings. Who inherits?
Sherri Stinson
Sherri Stinson
answered on Sep 22, 2018

Florida law prescribes who inherits in a state when someone dies without a will. The sister and the children of the deceased sibling would inherit the estate in equal shares.

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2 Answers | Asked in Family Law and Elder Law for Florida on
Q: How to get another POA for my mother who has dementia in FL? My brother is the POA, has terminal cancer. What to do?

Mother did not appoint an alternate on the POA. She now has dementia (I don't think she will have lucid moments anymore ) & my brother has terminal cancer. I am concerned if he dies, who will be my mothers POA. I am currently her health care proxy. Will I be able to make decisions for... Read more »

Sherri Stinson
Sherri Stinson
answered on Mar 8, 2018

If your mother has dementia and is incapable of understanding what she is signing and why she is signing it, then you cannot get a power of attorney. You're going to have to file for guardianship in the county in which she lives. If she has dementia but is capable of understanding what she... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: My Dad just passed am I entitled to a copy of his Will and living trust?

His live in Girlfriend is named as trustee in his living will with myself being 2nd Trustee. I along with my siblings and his Grandchildren are all named in the will. His Girlfriend claims she does not have to give me a copy stating it is Personal between her and my Dad. It was drawn up by and... Read more »

Sherri Stinson
Sherri Stinson
answered on Jan 1, 2018

Based on the terminology you have used, I'm not sure what your dad has. A living will is a medical document that ceases to function at death. You've also used the word trustee, but that only applies to trusts, and not wills. If your dad had a will, it would be a personal... Read more »

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3 Answers | Asked in Probate for Florida on
Q: My father died 2016, I assumed my stepmom had inherited the estate. I’m in SC and was never notified by FL probate?

Should I have been notified? And is there a time limitation if I could have inherited anything? My stepmother hasn’t contacted me at all since his death. I was told that I could have been bamboozled.

Sherri Stinson
Sherri Stinson
answered on Dec 13, 2017

Death alone would not necessitate the filing of a probate estate. If you know the county he died in, you can call the county clerk's office and ask if an estate was ever opened. If an estate was opened and you are in the category of people entitled to notice, then yes, you should have... Read more »

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2 Answers | Asked in Probate for Florida on
Q: I am PR for my mom’s estate Can I be my missing brothers advocate or do I have to hire another attorney
Sherri Stinson
Sherri Stinson
answered on Dec 1, 2017

I am not quite sure what you mean when you say "I am PR." Are you currently represented or do you need counsel? If you are currently represented, your attorney should be able to answer this question, and should be notified that you have a brother.

However, generally, you would...
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