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Florida Elder Law Questions & Answers
1 Answer | Asked in Civil Litigation and Elder Law for Florida on
Q: Does domestic violence have to be physical or can it also be psychological. That is what our son has done to us
Charles M.  Baron
Charles M. Baron answered on Oct 12, 2020

I assume you are talking about an adult son, not a minor, and I assume you are wondering if you can obtain a restraining order to keep him away from you. If this is not the case, it's best to re-word your inquiry and re-post. There are limited types of NON-physical contact that warrant the... Read more »

2 Answers | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: In my lease, I don't have a max occupancy but the landlord won't allow my elderly mother to move in. Is this legal?
Barry W. Kaufman
Barry W. Kaufman answered on Sep 10, 2020

It depends upon how many people live there and how many bedrooms there are. Also, if he requires her to be on the lease and she or you is refusing to put her on the lease, he can refuse on that basis as well.

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1 Answer | Asked in Elder Law and Consumer Law for Florida on
Q: In a proposal for a new roof purchase for my home I see a clause stating I agree to give up my right to trial by jury.

Concerning my roof purchase would a trial by jury be preferable to going in front of one educated person , The Judge?

I'm assuming if I won't agree to this obnoxious request they won't sell me a new roof. Is this even legal ?

Tim Akpinar
Tim Akpinar answered on Aug 31, 2020

A Florida attorney could answer best, but your post remains open for two weeks. As a GENERAL matter, contracts do contain clauses that dictate how disputes will be resolved. Some of these stipulate that arbitration will be used as a forum instead of civil court. I'm not certain if your clause... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: My fathers wife just passed away. Her son took guardianship from my Father because she had dementia and was in a home.

When the son filled out the death certificate, he stated she was a widow and did not put my fathers name as spouse and did not inform him of his wife’s death. Is there anything we can do to fix this? My father would like to know her cause of death.

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 4, 2020

Apply to the Florida Department of Health for a death certificate showing the cause of death. Your father can qualify for one that shows the cause of death, if he provides sufficient proof that she was his wife. The form can be accessed here:... Read more »

2 Answers | Asked in Elder Law for Florida on
Q: I was recently made sole beneficiary and POA from my elder friend of 28 years. Will I need to file anything now?

He is alive but has 2 people renting rooms in his home he owns. I want to protect myself but also not sure if I need to do anything now? What happens if he becomes incapacitated? Should I meet with any attorney now? Thanks

Phillip William Gunthert
Phillip William Gunthert answered on Jun 12, 2020

You use the Durable Power of Attorney if your friend becomes incapacitated and you submit the Will to the clerk of the court upon the person's passing. I would likely encourage you to have the estate planning documents reviewed, as you will want to make sure HIPAA Waiver, Nomination of... Read more »

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2 Answers | Asked in Criminal Law, Probate and Elder Law for Florida on
Q: I want to open probate on a will, the decedent passed away in 2012. The will was NEVER recorded & probate NEVER opened.

The direction....

Step #1 Appoint a PR and open probate. This is in Escambia Cty. Florida. A PR was named in the will but they were NEVER appointed & no letters of Admin. sent, but they DID collect/acquire, ALL estate assets. Yes, there are assets: $58K in bank accounts &... Read more »

Cassidy V. Petersen
Cassidy V. Petersen answered on Jun 8, 2020

Good morning,

Thank you for reaching out to our office. At your convenience, please contact us at (321)729-0087 to schedule a consultation with one of our attorneys to discuss your questions further.

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1 Answer | Asked in Elder Law and Estate Planning for Florida on
Q: Live in Palatka FL have been taking care of my elder parents, father passed, mom long term, live in their home, options?

I have been paying their mortgage but it has their name on it. what are my options

Terrence H Thorgaard
Terrence H Thorgaard answered on May 29, 2020

You need to consult with an estate planning attorney.

6 Answers | Asked in Elder Law and Estate Planning for Florida on
Q: I have been taking care of my elder parents, my father passed, my mom is in long term, i live in their home

I am paying their mortgage payment and wonder what happens when and if my mother passes. Please advise.

Thank you

M. Michelle Robles
M. Michelle Robles answered on May 29, 2020

This answer will depend on how the Warranty Deed to the house is titled and if your mother has a last will and testament or not. I would recommend that you have a consultation with an Estate Planning/Probate Attorney for more accurate information.

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My mom can't conduct any ADLs. She lives with me and my wife at my house. Can I file to become her legal guardian.

How do I file. What are the necessary required forms to fill out.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 19, 2020

Guardianships are created by filing paper in a court of law. They are not a DIY project. Hire a family lawyer.

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Elder Law for Florida on
Q: Can you get a retrail if you have a mental disabilty or blea
Henry George Ferro
Henry George Ferro answered on Mar 9, 2020

You are not providing sufficient information to give you an honest answer...

2 Answers | Asked in Public Benefits, Social Security, Family Law and Elder Law for Florida on
Q: My sister has dementia and no funds other than social security. We are out of Florida and cannot help financially.

We have no idea of any financial particulars other than she has no outside income other than social security and we are not in a position to help

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 9, 2020

Unless someone in your family steps up and gets involved you and the rest of the family might not like the outcome of this situation. Take up a collection and go find out what needs to be done.

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1 Answer | Asked in Civil Litigation, Family Law and Elder Law for Florida on
Q: Thank you please tellm theres any laws In Puerto rico that obligate daughters to be responsible for the erdely father,
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 23, 2020

Most Florida lawyers are NOT from Puerto Rico and thus have no idea what the laws of Puerto Rico have to say about the obligations of children to be responsible for their elderly father. Search for a Florida lawyer who advertises their ability to practice in Puerto Rico.

1 Answer | Asked in Family Law, Elder Law and Health Care Law for Florida on
Q: My mother is mentally disabled. She is 55yo and lives in PR in a 24/7 facility. I would like legal guardianship in FL.

What would be my steps?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2020

Was she mentally disabled when she entered the facility? Under whose authority was she put in the facility? Contact that person. When you get her to Florida, you would file a petition here in Florida. But in general, until she gets to Florida, you would need to ask your question in Justia... Read more »

3 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Should I move money from our joint account to protect it?

My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jan 7, 2020

Medicaid pre-planning is a legitimate technique for protecting assets for the next generation. However, whether your brother can actually do this on behalf of your grandfather depends on the terms of the power of attorney (POA). Some POAs authorize this, and some do not. So that is the first... Read more »

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1 Answer | Asked in Estate Planning, Elder Law and Probate for Florida on
Q: My brother and I were left an account from my mother who passed with Merrill lynch, my brother is not filling out the

paperwork for the trustee certification for Merrill lynch account so I can transfer my portion into my name. what is my recourse? If he continues to drag his feet, this will go onto 2020 and we will have to file taxes another year for this..

Seril L Grossfeld
Seril L Grossfeld answered on Dec 6, 2019

Some companies will split out your portion of the account and hold the rest for the other named beneficiary. People deal with grief in different capacities and this results in some people not wanting to deal with things like this as soon as their siblings are ready. Unfortunately, as a rule... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Florida on
Q: My mother rented an apartment back in April 2018. After January 2019 she started getting Dementia attacks.

About 2 months after she started with Alzheimer. For this reason she had to be taken to Emergency because she almost burned the apt. when trying to fry eggs.

She paid the 1st., last and security for the rental. Due to medical conditions she had to be admitted at a Nursing home for patients... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 20, 2019

I am sorry to hear about your mother's condition, however I do not think the same would waive applying the security deposit to the damage she caused due to her condition. Th landlord still had the loss to contend with.

In any event the landlord should have provided notice that s/he...
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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: What is statute? If someone has dimentia and it’s medical records can they change poa and will
Jason E. Neufeld
Jason E. Neufeld answered on Nov 6, 2019

Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.

Dementia is a spectrum....
Read more »

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2 Answers | Asked in Estate Planning, Tax Law, Bankruptcy and Elder Law for Florida on
Q: Hello, my mom and dad are on SS. It is their only income and they live in Florida.

Due to health problems they are having financial difficulty. They have a bank issued credit card with $24,000 in debt. I've read that the bank can't touch their SS but my question is can they come after other assets like their house which they have a mortgage on or their car which is the... Read more »

Timothy Denison
Timothy Denison answered on Nov 5, 2019

Yes. They can come after their assets such as their house and car, although they would be secondary to the mortgage holder on the house and the note holder on the car.

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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: I am my parents primary caretaker and I have moved in with them full-time.

I am my parents primary caretaker and I have moved in with them full-time. What rights do I have as a caretaker and living in their home? Are there any legal documents that should be in place to protect me and/or my parent? And what type of law this is fall under, family law or elder law?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 29, 2019

In whatever state you are living with your parents you need to go see an estate planning attorney. They can help with the documents that you need for yourself and your parents.

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1 Answer | Asked in Estate Planning, Civil Litigation, Elder Law and Probate for Florida on
Q: How do I answer summons in TN, when I'm in FL. Civil to force sale of my inheritance, gma's house. No notice of probate.

I'm supposed to appear in Hamilton County Civil court to defend against split of property by sale. Relatives lied to me, never had POA, spent Gma's money. I'm broke. My dad died 9 days before Gma. I got severely depressed, overwhelmed. Tried to get atty's to help, but over the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 8, 2019

The ONLY way you can do anything to protect yourself is to go to the hearing and tell the judge everything you told us here.

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