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Questions Answered by Thomas Tripp
3 Answers | Asked in Elder Law for Florida on
Q: What is the process for obtaining power of attorney?
Thomas Tripp
Thomas Tripp answered on May 12, 2018

Most of my clients are looking for a durable power of attorney as an advanced directive to enable them to pick who would Handle their financial affairs in the event they are unable to. These are usually discussed along with a health care surrogate document and a living will. Any lawyer that does... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Special verbiage for a CA will/trust if my dad has Florida property only in his name but is intended for me (daughter)?

Updating his will and living trust and our attorney here in Cali says we need the legal terms for a transfer of deed (I think) and since she is not licensed in Florida, she needs a referral. Hope that makes sense.

Thomas Tripp
Thomas Tripp answered on May 9, 2018

Typically, the California lawyer would draft the trust, and you would get a Florida attorney to create a deed to put the property in the trust. The out of state lawyer would have you get an in state lawyer to handle that part.

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4 Answers | Asked in Probate for Florida on
Q: Mother died. Father survives. Her will left everything to him. All assets are joint. Is probate necessary/required?
Thomas Tripp
Thomas Tripp answered on May 8, 2018

If all assets with husband and wife are joint at the time of one of their deaths will usually call that a non Probate event - There are no assets that need to go anywhere.

You might want to speak with your mother’s lawyer just to make sure

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2 Answers | Asked in Elder Law for Florida on
Q: My senile father is carelessly spending his money. Is it possible for me to legally take over his finances?
Thomas Tripp
Thomas Tripp answered on Mar 2, 2018

Contact a local lawyer that does guardianship work and have a detailed discussion.

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4 Answers | Asked in Probate for Florida on
Q: Im filing a petition for an Administration for a deceased person who has an ongoing lawsuit. Do I need to file for a

Formal or Summary adminstration and where can I find the necessary papers? There are no other assets.

Thomas Tripp
Thomas Tripp answered on Feb 21, 2018

You will need to retain a lawyer to open a Formal Administration - ask the lawyer handleing the lawsuit for a referral. Need a personal representative appointed to continue the lawsuit.

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2 Answers | Asked in Elder Law for Florida on
Q: My brother had my senile mother sign a POA to him. Then sold her home in Florida, had her buy a home in N Carolina.

North Carolina register of deeds has her home address listed as brothers Fl address. He does not talk to me or let me or my child or grandchildren talk to Mom. I'm not sure if she actually lives in Fl or NC. What state would I file for guardianship in. He does not know I am aware of the NC home... Read more »

Thomas Tripp
Thomas Tripp answered on Jan 24, 2018

Typically, you file it where Is physically located so she can be evaluated by the court’s experts

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3 Answers | Asked in Elder Law for Florida on
Q: My brother is first POA for my mother with dementia, I am second, sister third. I do not want to be POA. How do I excuse

In the State of Florida, she is in her own home at this time. I am also Health Care Proxy of which I do not want to be. I have family issues with my adult son who has a mental illness.

Thomas Tripp
Thomas Tripp answered on Jan 21, 2018

You can resign/decline to serve in writing. Send it to your mother and the other two named agents.

Send it to your mother’s Attorney if she had one.

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2 Answers | Asked in Probate for Florida on
Q: My older sister didn't execute the will house involed in pre forclosure. Supposed to be split with 6 kids

She is supposed to sell the home and then split it between us but she says because the house is in pre-foreclosure she's not going to execute the will is that fair to any of us I thought in the state of Florida you have to execute the will within 10 days

Thomas Tripp
Thomas Tripp answered on Jan 15, 2018

Sounds like you mean file the Will, which is supposed to be done within 10 days. If she is named as personal representative she should contact a lawyer in the County where the decedent passed immediately - if she doesn’t the heirs should.

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1 Answer | Asked in DUI / DWI for Florida on
Q: How long do you lose your license for a first time dui?
Thomas Tripp
Thomas Tripp answered on Jan 5, 2018

If you are convicted -- 6 months is the minimum and 1 year the maximum -- this is independent of any implied consent suspension you may have received for either taking or refusing the breath test.

3 Answers | Asked in Elder Law for Florida on
Q: How hard will it be to become a guardian over an elderly friend -- I am not a family member.
Thomas Tripp
Thomas Tripp answered on Jan 5, 2018

Depends on many factors -- does the alleged incapacitated person have family and their dynamics, did the person create advanced directives that name people to act for them now, your background and relationship, etc. Contact a lawyer in the Jurisdiction where the person lives and go over... 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.

Thomas Tripp
Thomas Tripp answered on Dec 13, 2017

Hello --there may not have been an Estate proceeding -- they may have owned everything jointly for example,which us very common for my married couples, so often the first to die of a married couple is what we call a non probate event -- all the assets already have an owner.

You could...
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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: My grandmother made a revocable living trust leaving her house to my mother then to me can it be changed

My grandmother passed away and my mother gave my sister power if atty can she override the trust and sell the property

Thomas Tripp
Thomas Tripp answered on Nov 4, 2017

The trust document would control what happens to the property - easy answer here is to ask the successor trustee to speak with the attorney that drafted the trust.

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2 Answers | Asked in Probate for Florida on
Q: How do I go about getting $ from my ex wife's bank for my 2 minor daughters?

Mother passed in 2013 in NJ, I was awarded custody of the girls who are now 15 & 13 and presently live in FL. I know there was approx 30,000 in a bank account how do i go about getting this for my daughters?

Thomas Tripp
Thomas Tripp answered on Oct 27, 2017

You would contact a Probate attorney in New Jersey.

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1 Answer | Asked in Traffic Tickets for Florida on
Q: Husband was arrested for possession, a month later we received a note in the mail for a payment plan

A month after he was arrested we got a letter in the mail about arrangements for a payment plan for a speeding ticket, we never received a copy of or even informed about speeding, what do we do? He was never give anything about a ticket when released from jail even.now we feel like it is to late to... Read more »

Thomas Tripp
Thomas Tripp answered on Oct 3, 2017

If it is in Pinellas county, call me I will look it up.

3 Answers | Asked in Probate for Florida on
Q: How can I find out who was hired by my step mom for my father's probate?

My father passed May 8th. His wife said she hired an attorney and they would be contacting us but I haven't heard from them and she just won't answer our calls. Is there a way to find out if an attorney had been hired and what legal actions have been taken?

Thomas Tripp
Thomas Tripp answered on Oct 3, 2017

If it is in Hillsborough, call a local probate attorney and they should be able to quickly look it up if the probate administration has begun.

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4 Answers | Asked in Estate Planning and Probate for New York on
Q: If you live in Florida, can you write a will in New York?

My husband had a will drawn up in Florida (where we have lived since 2007) in 2012 leaving everything to me. He passed away last year. Now my stepsons are saying he had a will drawn up in New York in 2015 leaving everything to them. Is this possible? Does the 2015 New York will void the 2012... Read more »

Thomas Tripp
Thomas Tripp answered on Oct 1, 2017

You can always void an earlier will by creating a new will and revoking the previous will. You may have rights as surviving spouse depending on his residence at time of death. Contact a lawyer where he died or where his residence was at time of death to discuss.

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1 Answer | Asked in Elder Law, Health Care Law and Probate for Florida on
Q: Mother is on life support, estranged children asked to sign medical power of attorney to remove tubes.

By signing the paper, are we responsible for any medical bills, debt etc?

Thomas Tripp
Thomas Tripp answered on Oct 1, 2017

If your mother is in a Florida facility, the facility is probably asking you to sign a health care proxy form so you can make medical decisions for your Mother. The form itself does not obligate you to pay your Mother's bills while making decisions as her proxy.

3 Answers | Asked in Probate for Florida on
Q: According to what I've read I believe I qualify for Summary Administration.

My husband has been deceased over 2 yrs and property is valued @ $20,000.Correct me if I'm wrong.

Thomas Tripp
Thomas Tripp answered on Sep 27, 2017

Yes. The deceased over two years part would make it work.

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3 Answers | Asked in Elder Law for Florida on
Q: Can a nursing home restrict a resident from leaving if they're deemed mentally fit?
Thomas Tripp
Thomas Tripp answered on Sep 19, 2017

Your question needs more facts. Of course anyone of sound mind can do anything they want - subject to contractual agreements etc. I reccomend you discuss your specific facts with an attorney in your area.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on
Q: Hello. My name is Scott and I'm 29 years old. Roughly 10+ years ago I lived in Florida and got into some trouble.

At the time it was criminal mischief and I was placed on probation. This happened

as I was moving so they moved my probation to Dade city FL from Largo FL. My Mother and I couldnt afford to stay there so we left to Texas during my probation period. Before this I had an accident

that... Read more »

Thomas Tripp
Thomas Tripp answered on Sep 18, 2017

Clearly you need an attorney licensed to practice law in Florida to deal with the violation of probation you have in Pinellas County. If you ultimately failed to comay with the conditions of probation, a violation of probation hearing was set/ or a warrant was issued for your arrest. From what I... Read more »

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