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Florida Elder Law Questions & Answers
2 Answers | Asked in Elder Law and Probate for Florida on
Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 23, 2024

I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More

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2 Answers | Asked in Elder Law and Probate for Florida on
Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 23, 2024

I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More

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1 Answer | Asked in Family Law, Elder Law, Estate Planning and Probate for Florida on
Q: My uncle has passed away in Florida. He had dementia. How can I find out who his attorney or power of attorney was?

His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?

James L. Arrasmith
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answered on Jan 21, 2024

I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More

1 Answer | Asked in Civil Rights, Elder Law and Criminal Law for Florida on
Q: Can a file a civil law suit, if someone is violating my rights , and fraudulently press police charges with lies

I am in the middle of court case with criminal charges, for a crime I did not commit, the prosecutor wants to drop charges, but the supposed victim lies in the court and to the police statement and also refuses to let prosecutors to drop charges, and my case is costed my reputation n my life... View More

James L. Arrasmith
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answered on Jan 12, 2024

You might have the option to file a civil lawsuit for defamation if someone is deliberately making false statements about you that are damaging your reputation. In cases where these statements lead to criminal charges, the situation becomes more complex, but the essence of a defamation claim... View More

1 Answer | Asked in Elder Law and Family Law for Florida on
Q: Why can't I see my 87-year-old mother if there is no legal reason why

My mother was brought down to Saint Cloud Fl by my aunt after her husband died on April 23. My aunt is planning on with a living man friend taking over my mother's Lower Manhattan NY apartment My aunt claims my mother doesn't want to talk with me but my mother never told me that and I... View More

Charles M.  Baron
Charles M. Baron
answered on Nov 14, 2023

You didn't indicate what, if anything, is preventing you from going to your mother's place or calling her. That info would be necessary to determine what, if anything, a lawyer can do for you. Contacting your mother would also be the first step in determining what rights, if any, you... View More

2 Answers | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Florida on
Q: Can I be a professional POA

I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More

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2 Answers | Asked in Real Estate Law, Elder Law and Probate for Florida on
Q: Ok, my brother did a quitclaim deed stating my mother signed. My mom was in the hospital on hospice on a vent. Help.

Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?

James Clifton
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James Clifton
answered on Aug 7, 2023

In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More

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2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More

Charles M.  Baron
Charles M. Baron
answered on May 24, 2023

First, forgery is a crime that can be reported to the police, and can result in arrest. Whether you should report it in your situation is a decision for you to make based on factors that include the relationship you wish to have with the landlord and any potential retaliation (though retaliation... View More

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2 Answers | Asked in Contracts, Civil Litigation and Elder Law for Florida on
Q: LAWS REGARDING? MY LEASE WAS FORGED WITH MY SIGNATURE & BACK DATED, RETURNED WITH NONE OF MY NOTES, IT WAS 32 PAGES.

1. ON 3/23 I SENT SEVERAL EMAILS ASKING FOR MY "ORIGINAL LEASE I SIGNED WITH MY NOTES". 1 MONTH LATER STILL NO RESPONSE.

2. I APPROACHED ASST. TO THE MANAGER, WHO ADMITTED RUDELY [in front of other residents] "IT'S A LEGAL DOCUMENT, YOU ARE NOT SUPPOSED TO WRITE... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2023

Send them written notification by certified mail that what they gave you was not the same as what you signed. If they seek to enforce terms different than what you signed, you can try to prove the different terms. But unless you kept a copy including your 'notes' and missing pages, you... View More

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2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: My daughter was put on my homestead deed. I paid for home and propertry in full. She is now threatening to take it fro

from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.

James Clifton
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James Clifton
answered on May 19, 2023

I just wanted to add a couple of thoughts in addition to the above answer. If your agreement with your daughter is in writing and she owns the property solely in her name, you may have enforceable rights that would prevent her from excluding you from the property. If it is an oral agreement, your... View More

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2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: My daughter was put on my homestead deed. I paid for home and propertry in full. She is now threatening to take it fro

from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.

Phillip William Gunthert
Phillip William Gunthert
answered on May 19, 2023

Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... View More

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 22, 2023

If you had automobile insurance, the insurance company should obtain an attorney to defend you against this claim.

If a judgment is entered against you, and the judgment creditor garnishes the bank accounts, you will want to file a claim of exemption. At the exemption hearing, you would...
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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Sorry, typo in my last answer, 4th sentence: "... at risk of you're not exempt..." should read: "...at risk IF you're not exempt..."

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3 Answers | Asked in Personal Injury, Banking, Car Accidents and Elder Law for Florida on
Q: In Florida if I'm on my mother's bank accounts only to be used for her benefit since she is 93 and has dementia.

If I have a judgement against me can they take all her money. I was recently in a care accident and the other driver has obtained an attorney.

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2023

Do you mean "on" her accounts as a joint account holder or only as a benefiary? Or are you a trustee, whose sole function is to administer a trust? That makes a difference. If you're a joint account holder, a portion of the funds may be at risk of you're not exempt from... View More

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1 Answer | Asked in Wrongful Death, Elder Law and Medical Malpractice for Florida on
Q: how can i help my lawyer get health records from a small living facility that wont give up my deceased fathers records.

it has been a year now. my father was only in her facility for one month. lawyer says they can not subpoena the owner because we are not in litigation. What can i do to help my lawyer retrieve the records.

Charles M.  Baron
Charles M. Baron
answered on Jan 23, 2023

I hope you get a useful answer on this forum, but if don't, the type of lawyer you need to look for to obtain another opinion depends on the reason you wish to obtain the records. If you suspect medical malpractice, contact a lawyer specializing in that area. If you want the records for some... View More

1 Answer | Asked in Elder Law for Florida on
Q: I am 52 widow and am planning to remarry. If this marriage ends, am I eligible for my deceased husband’s SSI?

Deceased husband was already receiving his SSI. I was a housewife for 20 years.

Jason E. Neufeld
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Jason E. Neufeld
answered on Dec 26, 2022

Unfortunately, the magic age is 60 (when your remarriage would not affect your ability to qualify for survivors benefits on your deceased husband's record). The exception to this is if you are above the age of 50 AND have a disability.

1 Answer | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: Do i have a legal right to copy of my deceased mother’s will, attorney’s info handling her home sale &purchase agreement

My sister is not providing me with any information about my recently deceased mothers home sale which is supposed to be split between 3 siblings, including myself. She recently asked for money for taxes and insurance so the closing would go through. When i asked her for copy of will, PA agreement,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 13, 2022

I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time. A copy of the will should be provided to any beneficiary interested party, if not, Florida Statute requires that it be filed with the clerk of the court... View More

3 Answers | Asked in Real Estate Law, Elder Law, Estate Planning and Family Law for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 5, 2022

No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.

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3 Answers | Asked in Real Estate Law, Elder Law, Estate Planning and Family Law for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 7, 2022

Florida Homestead is protected from most creditors, in addition, your mom cannot remove your dad if he is on the deed unless she has power of attorney or some guardianship oversight, you may want to speak with and further discuss the specifics with a Florida estate planning attorney for more... View More

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3 Answers | Asked in Real Estate Law, Elder Law, Estate Planning and Family Law for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Jason E. Neufeld
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Jason E. Neufeld
answered on Dec 26, 2022

If this is their homestead, a spouse cannot be removed from the deed (the property can't even be sold) without the consent of both spouses.

The other attorney who responded is correct, you likely will need to consult with a guardianship attorney to assist your father.

One bit...
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