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Florida Elder Law Questions & Answers
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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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...
Read 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.

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... Read 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... Read 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,... Read 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... Read 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.

Jason E. Neufeld
PREMIUM
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...
Read 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.

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... Read more »

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1 Answer | Asked in Civil Litigation, Civil Rights, Elder Law and Medical Malpractice for Florida on
Q: Who shall we, the people, contact, to change a statute?

FL Statute 768 is quoted by Lawyers to me, in their efforts to don't present a medical assassins case, every time I consult every Lawyer I've consulted, after a group of Doctors murdered my mother in front of my eyes with their protocols, practices, and deftly persistent actions against... Read more »

Charles M.  Baron
Charles M. Baron
answered on Nov 4, 2022

So sorry to hear about your tragedy. Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative. If you don't know who they are, you can find them by inputting your address here:... Read more »

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: Can the Principal be/ sign as his own witness on a General POA

My Dad’s “daughter” downloaded some generic General POA form for my Dad January 31 2011 and he was suffering from dementia & a brain aneurysm 10yrs prior. I finally got a copy and it shows him as the Principal ( all her writings not his, including writing his name ) and he also signed... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2022

No, Florida law (and Florida Statute 709.2105 in particular) requires that powers of attorney have two witnesses. Clearly the principal cannot be the witness to his own POA.

How was it "upgraded" to a durable POA in 2021? Did he again sign it, were there again two witnesses,...
Read more »

1 Answer | Asked in Estate Planning, Elder Law and Social Security for Florida on
Q: My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.

The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... Read more »

James W. Martin
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James W. Martin pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 15, 2022

Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Florida on
Q: What's needed to claim deceased relatives property?

My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... Read more »

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on May 31, 2022

Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:

1. Was there any property left to probate at your uncle's passing?...
Read more »

1 Answer | Asked in Divorce, Real Estate Law and Elder Law for Florida on
Q: Can my husband take my homes from me that i purchased one prior to marriage one during marriage?

Can i sell home purcahsed during marriage if he is on deed but not on mortgage. can he take equity of the home prior to marriage not on deed or mortgage. but on deed on home purchased during marriage.

Rand Scott Lieber
Rand Scott Lieber
answered on Apr 27, 2022

A spouse gains a property interest in real property (homes) during the marriage. This interest is independent of the deed (names on title) or the mortgage. A property can remain non-marital if there is a prenuptial agreement. Otherwise you will need the court's help to separate the marital and... Read more »

2 Answers | Asked in Elder Law, Estate Planning and Real Estate Law for Florida on
Q: Do co-successor trustees have full control over where proceeds from a home sale are deposited/distributed?

I am a co-successor trustee with one of my siblings, for my parents trust. They both have passed. We are going to sell their house, which is in the trust. Do we two, as the successor trustees, have the sole discretion on how the house proceeds get deposited and/or distributed? Or, does a third... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 2, 2023

In general, the trustees, not the beneficiaries, decide how to administer the trust, including the making pf decisions such as where the trust funds are deposited.

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1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: Irrevocable Trust: The Annual Accounting: Cover Letter from Trustee

As a trustee of an irrevocable trust, the CPA is paid to prepare an annual accounting with the cover letter from the trustee. If the trustee provided a sample ( from the trust attorney to the CPA) of how it is required to be prepared and written....and the CPA omitted the 6 month limited language... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 21, 2023

The accountant should send out a new letter correcting the earlier one.

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