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Questions Answered by Lauren Nagel Richardson
1 Answer | Asked in Elder Law for Florida on
Q: What should my medicaid dependent mother (ICP) do if she overlooked a cash value $4K insurance policy she had from 2012?

My mother has been in a nursing home since 2012 and my father had a $50K face value life insurance policy with a cash surrender value that has increases to about $4K for many months. Should she borrow money against it, will Medicaid ask for their money back if it was an oversight?

Thanks!

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Feb 24, 2019

I would need some more facts to help you with this question. Is your father still living? If he is still living, and he does not also live in a nursing home, then he can have $126,420. in assets. The facts you provide are a little bit unclear as to who owns this policy. You are welcome to repost... Read more »

3 Answers | Asked in Probate for Florida on
Q: Can a home of a deceased without a will be sold without probate?

Would the home need to go through probate before selling? Florida Statute 731-1055

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Feb 14, 2019

If the property is in the deceased person's sole name, then an estate would need to be opened to transfer the property to the heirs. There are other types of deeds (life estate with remainder person, joint tenants with rights of survivorship, husband and wife) that would only require the... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: My wife has passed away no will she was in the middle of a law suit how do I go about setting up a estate account

I also want to be the admistrator of her assets what can I do Thank you in advance

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Feb 12, 2019

I am so sorry to hear about your wife's passing. You will need an attorney to represent you to petition the court to appoint you as personal representative of her estate, so that you can continue to pursue the claim in her law suit. Once you are appointed personal representative, and if there... Read more »

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2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .

Wanting to file malpractice lawsuit for her death and was told her husband would be the only one able to do so even tho he’s nothing to her 3 kids and was also the enabler for her problem why would he deserve this over us ?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 31, 2019

I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.

All is not lost, however. If the spouse...
Read more »

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2 Answers | Asked in Probate for Florida on
Q: How do you find out a deceased persons debt
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 22, 2019

Typically the personal representative (PR) or the heirs have access to the deceased person's records, or if they do not, upon appointment, the PR can change the deceased person's address at the post office to receive their mail. In formal administration, notice to creditors is published... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Will probate court give me my brother's checking account funds of $5000 since I paid funeral in full?

I have proof that I paid the funeral in full and will submit receipt for same to probate court. Under Florida law, will I be reimbursed first before medical providers? I live in PA and am trying to take care of his affairs without probate. He died intestate and has no assets other than $5,000 in... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 21, 2019

There is a statute in Florida which provides for Disposition of Personal Property Without Administration in cases where there is a small bank account and the person petitioning has paid the funeral expenses. You should be able to find the forms and instructions online for some of the larger... Read more »

2 Answers | Asked in Probate for Florida on
Q: What happens when someone dies while beneficiary dies during probate?

My mother and her 3 siblings were waiting for probate to end on my grandfather's estate. He passed 10 months ago and my mother just passed last week, before money was distributed. Other than the money from her father's estate she has nothing. What happens now to that money if she had no... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 10, 2019

I am so sorry to hear of your mother's passing. When a beneficiary of another estate dies before receiving their distribution, it is likely that you will need to open her estate to receive her share of the other estate, and then for these funds to be distributed to your mother's heirs at... Read more »

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3 Answers | Asked in Probate for Florida on
Q: My spouse dies and has no will but she has a sibling from previous marriage? spouse’s sibling rights upon death?

Do I need a will for protection from sibling probate?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 9, 2019

A sibling does not have rights to a sibling's estate when there is no will unless they are the heir at law. The intestate statute provides that the surviving spouse is an heir at law. If there are children from a previous relationship (not also the children of the surviving spouse), then the... Read more »

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4 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a quick claim deed be done if I want to "sell" a house instead of going into probate?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Dec 10, 2018

If you are a homeowner and you want to avoid probate of your estate when you die, there are several estate planning techniques you may want to discuss with an estate planning attorney. One option is to create a revocable trust and fund the trust with your real estate. Another option is to execute... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: If a house is left to three people in a will, does it need to go into probate to be sold?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Dec 10, 2018

Yes, short answer is yes. Longer answer is if the property is only in the deceased person's name on the deed, then you will need to open an estate to transfer the property to the heirs with or without a will. Having a will only does not avoid probate.

If the house is homestead property...
Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: Can I contest my mother's will before she passes away?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Nov 30, 2018

The short answer is "No." A will is not a person's last will until they have passed away. If there are any other financial issues of concern such as elder fraud or abuse, you should contact the department of children and families elder abuse hotline or an elder law attorney.

2 Answers | Asked in Probate for Florida on
Q: i was named PR by court order. my brothers keep ignoring the court order and are selling my dad's personal belongings.

the brothers are selling personal property (furniture, appliances, etc.) and not giving me the money to put with other estate assets to be shared among all the heirs, they are keeping whatever money they can get for the items. What can i do?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 23, 2018

Work with your attorney to get an injunction or a writ from the judge.

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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I purchased a house in FL, but I noticed that they did not put my wife's as co-owner and her name is not on the deed.

Will to this property go though probate court if I pass away?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 23, 2018

Yes, if you and your wife do not re-execute the deed and transfer the property from you (with her joining you as spouse as to homestead property) back to you and she as husband and wife, then upon your passing, the property would go through probate. Unless you have a will leaving the property to... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: I just had a trust restatement&amendment done last week to add my son as co-trustee. Do I need to retitle my condo?

The new certificate of trust reads "the manner in which trust assets properly should be titled is Jane Doe and Bill Doe, trustees of the Jane Doe Revocable Trust. dtd. 1/1/2012" Everything is currently titled: Jane Doe, trustee of the Jane Doe Revocable Trust, dtd 1/1/2012. Does my... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 21, 2018

You should speak with your attorney who prepared your trust restatement and amendment. Depending on what language was included and how the trust restatement refers back to the date of creation of the original trust, you should not be required to re-title your real property or execute another deed... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: I have a cabin in Maggie Valley and I live in Florida. Do I have to have a will for NC in addition to one for Florida
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 16, 2018

You only need a will in the state where you are a resident, which would be Florida. You can devise or give all your property in a Florida will including your out of state property to recipients of your choice; however, it is often advisable to consider a revocable living trust when you own real... Read more »

2 Answers | Asked in Probate for Florida on
Q: Properly notified creditor filed a late claim in Miami Dade probate court.

Creditor period ended July 30, 2018. A known creditor who was properly notified by mail on June 18, 2018 filed a claim that was posted by the Court as being received August 6, 2018. Their claim form is signed by them on August 2. Our attorney advises we should try to settle with them rather... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 8, 2018

If the creditor was properly served and claim is filed outside the claims period, then you can include in your statement regarding creditors that the creditor filed outside the claims period and that should take care of it. You do not need to ask a court to strike the claim if it is clearly... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I have recently inherited a trust in Georgia..it is out of probate ..it is named after me.

The administer of my trust..will not disclose the exact amount in my trust..or how much I have been charged for services

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 8, 2018

This is a question for a Georgia attorney. You may need to retain a Georgia attorney to represent you as a beneficiary if the trustee is not providing you with the information you believe you have a right to receive.

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2 Answers | Asked in Probate for Florida on
Q: Can & should I add an asset to a probate case that is in summary administration in Florida? Is it worth it financially?

My father’s wife’s attorney filed probate (summary administration) in Florida. My 2 siblings & I are not a party because we did not sign joinder & waiver as did not trust our father’s wife. So I’m an heir but not a party on the case. I know there is a stock worth around 9k which was... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 25, 2018

I recommend that you contact the attorney who filed the summary administration and let them know about the stock. That attorney can then file an amended petition for summary administration, list the additional asset, and ask the court to sign an amended order of summary administration.... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: my mother passed away 15 years ago and my 2 sisters and I are in the will but the one sister who was the person in .

in charge got sick and the other sister took over but I have paid the taxes all these years. now I want to build on the land can I ?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 17, 2018

There is not quite enough information in your question to give you a complete answer. When you say that your other sister took over, do you mean that she opened an estate? If the property has already passed through your mother's estate and is titled to the three sisters in equal shares, then... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Are bedsores a "prima facie" case of nursing home abuse or do I have to have more proof that my grandma is being

neglected?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 15, 2018

That is a very good question. I think you should contact a nursing home neglect and abuse attorney to complete a review of your grandmother's claim, which certainly each case needs to be looked at on a case-by-case basis. You are welcome to give our office a call to begin this review process.... Read more »

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