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Florida Elder Law Questions & Answers
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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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... View 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 Florida Statutes are enacted, amended, or repealed by the Florida Legislature, where you are represented by your State Senator and your State Representative.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:... View More

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

Jamy Barreau
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answered on Mar 29, 2024

I think more information is needed to give a proper response here. How assets are titled is very important in trust planning. If assets are not appropriately titled in the name of the trust, it could lead the trust to not having authority over the particular asset. I would suggest meeting with an... View More

1 Answer | Asked in Consumer Law, Personal Injury, Real Estate Law and Elder Law for Florida on
Q: Checked into a hotel after major surgery on my foot and now I'm being told I have to move rooms every 21 days

I moved into this hotel after major surgery on my foot because of medications that I was going to be on and didn't think it was safe for me to be alone at home I ended up staying here because I lost my apartment and so now they're making me move every 21 days and I have pins and screws in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 28, 2024

A hotel is not a rehabilitative facility. Nobody knows what this lease says; you need to take it to a lawyer.

1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My cousin is in a nursing home with dementia. Taxes are due on his FL home. can a family pay the taxes b4 tax lien issue

Can I submit an invoice to be reimbursed upon the sale of the home?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 24, 2024

Yes, you can pay the taxes. You should also look into whether the home is exempt.

But someone should be responsible for his financial affairs; that person should take care of the tax payments.

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Estate Planning, Criminal Law and Elder Law for Florida on
Q: I need to request from Alaska executer all info he didn’t execute will he’s stealing from estate and put father in home

Father being abused no monies are gifts given only to his daughter and wife in Alaska I just left Alaska in November

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 22, 2024

You should submit this question to Alaska Elder Law as you will need an opinion from the state where the elder is located .This may also be an Alaska Probate Law question if you have questions about what the estate is proposing as a distribution.

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Folks got locked out of their rental. How do I get the realtor to let them back in? Says HOA did not approve app.

My folks 87 & 89 sold their house moved into a condo, rent until close. Now realtor is kicking them out & changed locks. They have 2 cats that’s the HOA does not allow but they were not aware when they made the deal and the HOA will not approve their rental application. They paid 1 month... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 21, 2024

This is more of a real estate or a landlord tenant question than an elder law question. I would suggest that you choose one of those categories are resubmit your question.

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1 Answer | Asked in Family Law and Elder Law for Florida on
Q: Question about an elderly person with dementia and a caregiver who is now on the house deed and in the will.

In 2019, my grandmother’s caregiver told the family that the doctor said her dementia was getting worse and she could not drive or make any financial decisions. In 2020, my grandmother’s lawyer, who is friends with the caregiver, allowed my grandmother to sign over her condo and change her... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 1, 2024

Sure, it merits looking at. But the different signature doesn't necessarily mean that her mental ability was diminished.

1 Answer | Asked in Elder Law and Landlord - Tenant for Florida on
Q: assisted living facility--does this paragraph mean they can increase all 3 each year?

increase in aprtment monthly fee and healthcare services and incidental charges:

community will employ cost control measures consistent with sound financial practices and the need for regular and continued maintainence of the community and the level o services provided. Resident... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2023

Yes, that appears to be what it means. Like other rental contracts, the price can usually go up periodically, yearly in this case.

2 Answers | Asked in Consumer Law and Elder Law for Florida on
Q: I have dali lithographs from Center Art Gallery. Are they worth anything?

Purchased Dalis in Honolulu in the 70's/80's also Chagall - Homage to Marc Chagall. Will they appraise?

Angelo "Tony" Marino Jr.
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answered on Nov 6, 2023

A civil trial lawyer would be the kind of lawyer you need but someone who specializes in gender law. I would call your homeowner's insurance company to see if they will provide a lawyer to represent you.

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1 Answer | Asked in Real Estate Law, Contracts and Elder Law for Florida on
Q: real estate broker added her name to a life estate deed without permission. Is there legal recourse?

The buyer ( an elderly disabled Vietnam Veteran), had agreed to a Lady Bird deed with the brokers father, but the broker switched it to a life estate deed and added her own name.

She was at the closing as a “friend” of the buyer.

Anthony M. Avery
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answered on Nov 6, 2023

You are not clear about who the remainderman is. But you can probably sue to set aside the

Deed with a good FL attorney. But you will have to explain why you signed a Deed with the wrong grantees.

1 Answer | Asked in Elder Law and Real Estate Law for Florida on
Q: My ex husband and I own a manufactured home in Florida. He lives in it, If he goes in nursing do they take the house

I live in ny.

Deed is written in his name OR mine

He’s 75 years old

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 6, 2023

It depends on what your divorce papers stated upon your divorce and whether the home has homestead protection. Usually, a home of this type as a primary residence in the State of Florida is deemed homestead and protected and not subject to nursing home/Medicaid and the like.

1 Answer | Asked in Criminal Law, Domestic Violence and Elder Law for Florida on
Q: Can I be arrested for driving a car that my exfiance supposedly bought for me 13 years ago?

He is or his civil real estate atty. says I have 10 days to turn the car over a long with his guns.

I turned the guns in last February after he was arrested for trying to kill me.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 26, 2023

It essentially depends on the registration of the vehicle. If it was registered to you 13 years ago, and there is no written contract to the contrary, your ex doesn't have a case.

1 Answer | Asked in Elder Law, Estate Planning and Health Care Law for Florida on
Q: I am a poa for an elderly friend who is in a long term facility they own a condo but are qualifying for Medicaid and now

She gets about 1,800 a month in SS and 241 in a death benefit from her husband since all her funds go to the home what about the condo

Anthony M. Avery
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answered on Oct 4, 2023

No question asked.. But you need to consult with a FL attorney now about Medicaid, SS, fiduciary obligations, and real property title, before you get your principal in alot of trouble.

1 Answer | Asked in Family Law, Civil Rights, Elder Law and Nursing Home Abuse for Florida on
Q: I was my mom's 24/7 caregiverNov,22. Still over medicated my sister had her declared incapasatated legal guardian placed

In netral bank cost thousands. Then june23 slapped a unlawful detainer now I'm tresspassed is this legal

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2023

You need to schedule a consultation with an attorney to evaluate all the facts and related communications. The action against you may or may not be lawful, depending on the details, and even if it's lawful, you may have potential counterclaims for money damages.

1 Answer | Asked in Elder Law for Florida on
Q: Father lives in Tennessee with Girlfriend - got sick while in hospital Girlfriend became POA as family was in Fl - took

Control over all assets changed his Will, sold his car - accessed and closed his 3 personal bank accounts, transferred $ to her accounts ect .. from the hospital my father ended up in long term care / she sold the home they lived in which was 50/50 - took her 50% and moved with her family in... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 6, 2023

You and your father should discuss this with an attorney in Tennessee who is familiar with elder law. It is not, as of yet, a matter of Florida law.

1 Answer | Asked in Elder Law and Nursing Home Abuse for Florida on
Q: Patient has late phases of dementia, escapes from secured facility, can they be charged w/ negligence?

No cameras or bracelets

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 29, 2023

Possibly, if the facility was negligent, and if the patient, or the patient's guardian or relatives have suffered damages resulting from such negligence.

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... View 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... View 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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