If it is your and your grandmother's homestead and, especially if you and grandma own is as "joint tenants with rights of survivorship," then the house will be safe from Medicaid and probate.

You may enjoy these other relevant articles:... View More

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... View More

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.

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... View More

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:... View More

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... View More

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.

You need to consult with an estate planning attorney.

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.

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

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

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.

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.

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... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

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... View More

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... View More

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.... View More

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.

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.