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5 Answers | Asked in Bankruptcy for Florida on
Q: IF i FILED A CHAPTER 7 LAST YEAR AND IT HAS BEEN DISCHARGED DO I NEED TO REPORT A SETTLEMENT I MAY RECEIVE THIS YEAR

THE SETTLEMENT IS FROM ROUND UP DUE TO GETTING LYMPHOMA....

Paul Cain
Paul Cain answered on Feb 8, 2021

Based on the facts provided, t depends on when the injury occurred. Any potential claims you have up until the day of filing are normally part of your bankruptcy estate. Because your discharge was so recent, any such claims should have been listed on your bankruptcy petition.

You should...
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1 Answer | Asked in Bankruptcy for Florida on
Q: My chap 7 has been discharged can the trustee i sell my jointly owned house to pay debts although its not a 13.

I had creditors meeting but i did not file form 423.

Paul Cain
Paul Cain answered on Dec 17, 2020

Hello,

I'm sorry about the trouble you're experiencing in your chapter 7 bankruptcy. Generally, bankruptcy trustees have broad powers to liquidate estate property unless an exemption applies. Depending on your circumstances, this might apply to your jointly owned home.

I...
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2 Answers | Asked in Estate Planning for Florida on
Q: me and my mother both own half your house in florida- tenants in common - do i have to reside in this house in order to

get my half if she passes

Paul Cain
Paul Cain answered on Nov 30, 2020

Tenancy in Common is the default method by which joint title is taken, so unless ownership is held under a joint tenancy, or a tenancy by the entirety, you and your mother will hold the property as tenants in common. If you own the property as tenants in common, then you do not have an automatic... Read more »

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2 Answers | Asked in Elder Law for Florida on
Q: I recently bought a home with my grandmother and now i must put her in a nursing home can medicaid take my house?

The house is in both of our names. Im wondering how much power medicaid could have over my house

Paul Cain
Paul Cain answered on Dec 7, 2020

Florida law protects your homestead from most creditors. If the home is properly listed as your homestead, then usually the only creditors who can attach a lien are: contractors you've hired to work on the home; government agencies tasked to collect property taxes; and lenders who provided... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: Is there a reason my relatives wont give my my fathers attorney info?

My father recently passed away. (August 24th 2020). My sister and i were supposed to inherit his life policy. Now all of a sudden, a different beneficiary on a document recently magically found, determines that we do not inherit that as he intended. When i asked for my fathers attorney information,... Read more »

Paul Cain
Paul Cain answered on Sep 24, 2020

I'm very sorry for your recent loss. Although this is likely a tough time, please be mindful that your window of opportunity to contest a will is not unlimited. Each state has their own laws regarding probate, and because you mentioned your father doesn't live in Florida, I highly... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a new will override a spouse's rights upon the other's death?

My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... Read more »

Paul Cain
Paul Cain answered on Sep 23, 2020

Based on what you've provided here, the wills are likely still in effect. Your father should probably consult an attorney and execute a new will or establish a trust as quickly as possible. This will ensure his wishes are carried out as intended.

A will may be partially or...
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