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Questions Answered by Ellen S Deutsch Taylor
1 Answer | Asked in Estate Planning for Florida on
Q: My stepfather died in Florida without a will. My mother died shortly before him. Who gets the house?

We always discussed that I would inherit the house and my stepfather has no relatives. I'm told now they're going back to the 1850s to find a relative. How long do companies that search for ancestors have to show a blood heir? I'm taking care of the house at the moment and have... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 12, 2021

Without a will, the estate is intestate and must follow the order of succession in the Florida probate code. Did your stepfather legally adopt you? Did he have any natural children or siblings? Are his parents alive? Unless you were legally adopted, you are not entitled to anything and the Probate... Read more »

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 7, 2021

You want to have designated beneficiaries on your investment accounts since they will pass outside of any probate and pass automatically to your beneficiary upon your passing.

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3 Answers | Asked in Estate Planning for Maryland on
Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 3, 2021

You don’t say whether she is physically or mentally incapacitated. If she is mentally incapacitated she can give someone a power of attorney since she lacks the requisite mental ability to give someone a valid power of attorney. If she is physically incapacitated she should give the power of... Read more »

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2 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: about to close on a lot sellers from IL (jon doe sally sellers trust) they do not have copy of trust and cant close

title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 1, 2021

There is really nothing you can do since the title company will not close the transaction. Someone needs to find a copy of the trust documents to prove they have the right to sell the property. Otherwise you will have to have them go to court to clear the title.

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3 Answers | Asked in Estate Planning for Florida on
Q: Once you are eligible for Florida Medicare can you live in any assisted living facility?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 28, 2021

If you are already qualified for Medicaid, it would depend on the availability of facilities and there is usually a waiting list. I think you meant Medicaid, not Medicare.

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2 Answers | Asked in Estate Planning for Florida on
Q: Where can I find an affidavit that the estate is not indebted in order to transfer title to a motor vehicle?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 25, 2021

Unless a probate was filed and a court order issued you will not find that statement unless a petition for probate was filed.

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3 Answers | Asked in Estate Planning for Florida on
Q: My mother has an Edward Jones brokerage account which she added my name on. Upon her death does it get probated?

I’m located in Florida. Trying to avoid probate.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 22, 2021

If the account has you as a designated beneficiary, if she passes, it would not be a probate asset and would pass automatically to you without probate. Make sure she filled out the beneficiary form. Just being a joint account is not enough

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1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: My mother is leaving me her house after she passes. The warranty deed right now shows her as the grantee and me as the

grantor. Is that not backwards?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Sounds like she was the grantee when she bought the house. A new deed from her to you would have her as the grantor. Does she have a will, stating her intentions?

1 Answer | Asked in Estate Planning for Georgia on
Q: I want to change beneficiaries to my will, can I do a codicil and assign witnesses myself?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Any changes to a will must be executed in the same manner as the original will. You will need witnesses and a notary.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Deceased lives in different county than said property but same state do I have to file probate in both counties
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

No. Probate is in the county where decedent lived.

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1 Answer | Asked in Estate Planning and Real Estate Law on
Q: How do i add my wife to deed on house in PR? How do I leave house to wife?

I have one child, a daughter. I know she will inherit all. I want to leave house to my wife.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 20, 2021

Put it in your will.

2 Answers | Asked in Estate Planning for Ohio on
Q: my brother's house deed is transfered to me at time of death can his surviving wife contest it

State is ohio and she has quick claimed the deed to him now

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 15, 2021

Was

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: What happens when a person knowingly files an invalid will with the court in Florida?

A close relative passed away a month ago and his "companion" filed an earlier invalid (according to her) version of his will with the court. She advised the family after his passing that he had a new will drawn up after this previous version but opted not to inform anyone other than her.... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 14, 2021

A will must be filed in a probate proceeding and the court will determine its validity. Was the prior will revoked in this “new Will.” This must be brought to the court’s attention in a probate proceeding. You need to hire a probate attorney to file the case.

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2 Answers | Asked in Estate Planning and Real Estate Law for Texas on
Q: As an hair to an estate, what rights to I have over the administrator of the estate

My father is the administrator of the estate. As an air do I have the right to see all the documents that have to do with the state and bills being paid

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 11, 2021

What does the will say? You are not an heir unless the estate is intestate. You may be a beneficiary of the will and if it is probated you would be notified. Whether you have a right to see all the documents is dependent on state law. I would suggest you consult with a Texas probate attorney to... Read more »

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2 Answers | Asked in Criminal Law, Estate Planning, Real Estate Law and Identity Theft for Texas on
Q: A friend who's in real estate said he can get us a $2million loan to get me started. What legal actions should I take?

After knowing how good my credit scores are. He then sent me an email to sign.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 9, 2021

Not sure what the status of this loan is. Is it tied to a specific property? Is it a promissory note with terms and conditions, interest rate etc. will it be recorded? This is a very open-ended question and many more details required.

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3 Answers | Asked in Estate Planning for Texas on
Q: Can I become executor of estate sell it and then give them their share later? Or what should I do next to take of this?

My mother recently died. She and I were owned property together. Since we purchased the property we each got married. She was separated from her husband for the past three years but never got divorced. I have 2 brothers we are not her husband's children and 1 of my brothers is in prison in a... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 8, 2021

You need to hire a probate lawyer to open a probate to administer the estate. A will only nominates the executor or personal representative and it up to the probate court to appoint the executor and carry out the will. All of you would have to agree to selling the property.

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2 Answers | Asked in Estate Planning and Probate for Oklahoma on
Q: My friends brother is in prison on Utah. His father passed and left the farm in Oklahoma to him and his sister.

He got papers last week saying there’s a court date apr 13 and she taking him to court to get permission to sell . He doesn’t get out until dec and his parole has been approved for Oklahoma and that address. What should he do? He can’t make court next week? He doesn’t know why sister is... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 7, 2021

He really needs a local attorney to figure out what is going on in the probate case.

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1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: Can the concept of apparent authority apply to a medical POA?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 7, 2021

There is no concept of apparent authority for a POA unless there are documents indicating the person that is giving the authority is incapacitated and has indicated previously prior to incapacity that they wanted someone else to handle their affairs.

2 Answers | Asked in Elder Law, Estate Planning and Public Benefits for Connecticut on
Q: Can items like a laptop and cell phone count as Medicaid spend down for a parent being admitted to a nursing home in CT?

My father was unexpectedly admitted to a skilled nursing facility after falling ill last year. He will need to remain their for the long term and we are now going through the Medicaid application as Medicare has stopped coverage for this service. We will have to spend down some of his money to... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 6, 2021

It depends on the state. Every state has different eligibility requirements. Usually the items that you mentioned would not be considered assets for Medicaid eligibility. The administrators of the skilled nursing home are the best people to talk to since they know all the ins and outs of Medicaid... Read more »

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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: I am the policy holder on medical insurance and my wife passed early Feb 2021. Am I responsible for paying her copay?

Our deductible is 1500 max per family/year 750 per person/year. So hospital bill says she owes 750.00. Am I obligated to pay this 750 for her?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 6, 2021

It would be paid out of your wife’s estate. Generally this would be considered a debt of her estate but I am not licensed in Michigan so I would suggest you consult a probate attorney in Michigan.

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