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Florida Elder Law Questions & Answers
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.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Elder Law for Florida on
Q: Is there an abandonment law on elderly couple married for over 40 years. One starting to have some major medical issues

I am trying to find out the Ohio laws if there is any abandonment laws on elderly. It is a very complicated story back in July we received a phone call from a hospital on in Ohio that they had my father n law there and stated that he has been and put off the hospital so much that they are not going... Read more »

Opal Phiona Lee
Opal Phiona Lee answered on Sep 24, 2019

You mentioned that the divorce was filed - was it filed in Ohio or Florida. It’s very important that he contact an attorney in whatever State the divorce was filed so he can obtain advise specific to his situation.

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1 Answer | Asked in Elder Law for Florida on
Q: What should my wife be doing regarding an aunt that has no other relatives and who recently had a stroke?

My wife's aunt lives in Texas and we live in Florida. We are concerned for her care as we don't believe she has anyone designated as a surrogate or anyone having a POA

Jason E. Neufeld
Jason E. Neufeld answered on Sep 19, 2019

Your wife's aunt could certainly hire a Texas elder law attorney to draft a durable power of attorney to allow your wife to help as best she can from Florida (assuming aunt has capacity to understand what she is signing after the stroke). More likely is that a care advocate will need to be... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Florida and Medicaid for Nursing Home:

My mom was just approved for Medicaid after being placed in a nursing home in Florida. At the time of application, my dad had well under his allowable $126,420 in assets. My parents home in MI was exempt in regards to the Medicaid application process. My dad wants to sell the MI home now. The... Read more »

Jason E. Neufeld
Jason E. Neufeld answered on Sep 19, 2019

Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the... Read more »

1 Answer | Asked in Criminal Law and Elder Law for Florida on
Q: iam 72 years old my son has had me wire tap for 2 years with the intention of making me crazy ended up causing me ptsd

is there any legally that i could do too him

Henry George Ferro
Henry George Ferro answered on Sep 6, 2019

You should communicate with the local sheriff's office and file a complaint against him...

1 Answer | Asked in Elder Law for Florida on
Q: Can I sell my home in Florida without Medicaid taking proceeds?
Jason E. Neufeld
Jason E. Neufeld answered on Jul 24, 2019

With proper planning in advance of the sale, you can avoid Medicaid touching any of the proceeds.

You have the option of selling with the intent on purchasing another home, which I talk about in this article:...
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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: We want to sell my Mom's home in Florida, but don't know where to legally place the funds afterwards. Help please?!?!

I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.

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

You need to contact an experienced elder law attorney who can explain your options to you. If your mom's home is her homestead, and she is now in need of skilled nursing and may qualify for Medicaid, please take the following into consideration:

Homestead is not a countable asset; it...
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1 Answer | Asked in Elder Law for Florida on
Q: Can a POA in charge of someone with dementia/alzheimers change the will of the care receiver?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 10, 2019

No, the person appointed by a power of attorney cannot change the will of the principal (the person who signed the power of attorney).

2 Answers | Asked in Estate Planning, Elder Law and Probate for Florida on
Q: My Aunt recently passed in FL. No marriage or kids, I'm her next of kin. I am handling her funeral arrangements.

I am from AZ. How can I become her executor or power of attorney to be allowed to clear her estate & obtain some medical records? There was no will, her estate value seems to be around $1k.

I am funding her arrangements myself, cremation, marker, urn, etc.

I know she has a... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 3, 2019

Unfortunately there is not free help in Florida. There is a procedure for administration of small estates which basically involves sending the forms to the clerk and the Judge will enter an order distributing the assets to you. The clerk may have the forms available for download on their website.... Read more »

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3 Answers | Asked in Elder Law for Florida on
Q: I am successor trustee in my fathers trust. Am I able to sign the title of his car over to a buyer in the state of FL?

The car is paid for and is in his trust.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2019

If the car is registered in the name of the trust, yes.

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1 Answer | Asked in Criminal Law, Collections and Elder Law for Florida on
Q: my mom lives in Delray and was taken advantage of by painter . They took her money but did not finish. Who can help us?

I cancelled the job when my mom got sick and they agreed to it and was supposed to refund her money. That took 3 months of text messages that I have copies of. She never got her money. They talked her into doing the job when i was not consulted. They charged her extra for a shower door and did not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2019

Hire a litigation lawyer and sic them on the thief.

1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Hi, what is the cost to file for guardianship for a parent with dementia? Thank you.
Jason E. Neufeld
Jason E. Neufeld answered on May 31, 2019

Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.

1 Answer | Asked in Elder Law for Florida on
Q: Can a POA be partially revoked, in this case for medical, so a new POA can do that part?
Jason E. Neufeld
Jason E. Neufeld answered on May 30, 2019

You would want to revoke the entire document and have your elder care attorney draft a new one that complies with your wishes. This will prevent confusion when 3rd parties are trying to figure out who is supposed to make which decisions for you.

All the best,

Jason

2 Answers | Asked in Elder Law for Florida on
Q: I came to FL from Mass. FL is now my home. Is my Mass will valid in FL
Phillip William Gunthert
Phillip William Gunthert answered on May 2, 2019

Yes it is, but you should definitely have it reviewed because Florida homestead and spousal rights are substantial and power of attorney laws are strict and other laws have changed as well. So, while it would be valid, it may be valid with limits. I would review it with Florida Probate Attorney .

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3 Answers | Asked in Family Law, Elder Law and Probate for Florida on
Q: Ward is confined to memory care at ALF. Son is guardian, can wards house hold bills be paid through the guardianship?

Wards home is still occupied by wards other son who served as caretaker from 2015 to 2019. House is fully operational. Car insurance, Power, Utilities and maintenance are still required to keep house going. Paralegal (told Guardian not to pay any of the outstanding bills in the wards name.) this... Read more »

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

You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to... Read more »

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3 Answers | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Mom is 87 yrs old and is behind on a 112,000 mortgage, can she walk away ?

There is no equity in the property

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 8, 2019

The mortgagee might seek a deficiency judgment against her, although it might not be possible to collect such a judgment.

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1 Answer | Asked in Elder Law for Florida on
Q: My father has a life estate in home & stated in his will that I can remain in home for 5 yrs after death? Is it valid?

I have been his 24/7 caretaker for over a decade. My brother and sister(the other remaindermen) have not assisted at all. Dad has had serious medical conditions for years. Dad is nearing death and my brother and sister can’t wait because they said they were going to kick me out and sell the house... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Mar 24, 2019

Very sorry about your father's illness.

You should get a copy of the deed and see precisely how it is titled and held. A life estate normally only applies to the person named in it and ends at their death, they cannot pass on an additional life estate normally. Upon review of the deed...
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1 Answer | Asked in Elder Law for Florida on
Q: If the parent and child live in two different states, can the state where the indigent parent lives.. enforce the law in

enforce the law in the other state where the parent's child lives?

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 7, 2019

Generally, yes. Indigency has nothing to do with availability of justice. Buy it is not clear what law you are asking about, "elder law", child support, child custody, or whatever.

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