What Should I Do if My Fence is on My Neighbors Property?
Video Summary
What should I do if my fence is on my neighbor’s property? Well, if your neighbor doesn’t object to it, I suggest you just leave it there. Number 2 is if your neighbor objects to it, well, then you may want to get a survey and to move your fence as far as that’s concerned. Another option that I’ve seen is if the neighbor and you and the neighbor get along fine, but they’re concerned that when they get ready to sell the property, it might be a problem entering into an agreement that everyone’s in agreement that you can leave your fence there for the time being, and then you agree to move your fence whenever they ask you to. If it’s not a problem, then they basically put it off until such time there is a problem. Many people are concerned that if you have a fence that somehow they lose that property that’s inside the fence line and you can basically, they do not, and that you’re not establishing any ownership of that property, which is also a concern, which I guess you, how you convince your neighbor that you’re not going to claim their property. The other, if you can, if the neighbor would grant you an easement, that would be another solution that says that you are allowed to maintain your fence on their property. But otherwise, if the neighbor is insistent that the fence be moved, I suggest that you move the fence. My phone number (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
How Can You Remove Someone from a Quit Claim Deed?
Video Summary
How can you remove someone from a Quit claim deed? Well, if the best way to do it or the easiest way to do it is simply prepare a deed and have them sign off conveying it to the proper person or whomever wishes to own the property. If their name was put on this Quit claim deed or the Quit claim deed file and they had no interest in the property and a constant and their unwilling to clear up this title problem, then you must file what they call a suit to quiet title. That’s where you sue them saying that they had no authority to have their name placed on this title, and then have the court determine that they have no interest in the property and that your title is free of any lien or any claim that that person may have. So if you have any questions concerning this, give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
How Is a Home Calculated for a Divorce?
Video Summary
How is a home calculated in a divorce proceeding? Well, I don’t handle divorces and so it’s my understanding that whenever the parties have filed an action for divorce, the judge takes into consideration that each party’s circumstances how the home is titled whether or not there’s any children, and then they make a decision as to whether or not the mother or the father, whoever has custody of the children or the primary custody, can remain in the house until the children reach a particular age and then direct the property to be sold. They can also direct the property be sold if there’s no other consideration. They take in consideration the other assets and based upon all of that, the judge then makes the decision as to whom receives the marital home or whether or not they simply each own a half interest and they’re then in a position to sell the property or provide special equity or so much to one spouse once the house is sold. But that’s falls within the jurisdiction and the decisions of the divorce attorney. So you don’t need to call me, but I’ll give you my phone number. You need to talk to your divorce lawyer in order for them to explain how this is going to work in your individual circumstance. Give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
Who Executes My Estate Plan?
Video Summary
Who executes my estate plan? Well, you must execute all the documents to your estate plan since those are all personal decisions that you must make as far as that’s concerned, and you cannot delegate that to someone else. However, if you do have a particular power of attorney that allows them to make some modifications to your estate plan as far as accounts are concerned, well that is an exception to that. But usually your estate plan or simple estate plan consists of a Will where you designate to whom you want your assets to be distributed to secondly, what they call a living Will or a dying declaration that says that you don’t want to be kept on life support under three conditions. And another document is called a healthcare surrogate, which is really, I think, very important. This is where you are signing a document that is a HIPAA waiver that allows the hospital or doctors to release your medical information to a designated person, which is called your healthcare surrogate. And then also, I recommend that you execute a durable power of attorney to someone that you trust explicitly that can act as your agent, particularly in the event you become disabled. It is effective immediately, and some clients are reluctant to have it signed, particularly if they’re in good health as far as that’s concerned, and that they’ve seen the abuses of powers of attorney. I’ve found that they’re very useful in many circumstances whenever it’s an elderly person and they need to be able to pay their bills or transact business for them. So if you have any questions about estate planning ,give me a call at (727) 847-2288.
- Published in Estate Planning, Videos
What is Advanced Care Planning?
Video Summary
What is advanced healthcare planning? That is whenever someone is concerned about their particularly going into a nursing home and how are they going to have it paid for. So when do your planning, one of the tools that you could use is to check to see what the cost is as far as nursing, home insurance. And the cost of nursing homes is like $8,000 to $10,000 a month. And so you would need to see about planning ahead. So if you needed to go in a nursing home, how it would be paid if you don’t have that money and basically wouldn’t be able to afford it. The other thing is, is to plan to have what they call Medicaid pay for your healthcare planning. And there you would need to talk to an elder law lawyer who then could assist you as far as setting your estate up so that, and plan for that on how to title your assets under the Medicaid guidelines. And so that way that if you would have to go into skilled nursing care, you could preserve some of your assets for whoever you leave behind, particularly your homestead. So the healthcare planning also includes, well, who do you want to leave in charge of doing this? I usually prepare in conjunction with estate plans as far as healthcare planning, is to prepare a living will, which designates someone to be able to disconnect life support, also prepare what they call a healthcare surrogate for someone to be able to make healthcare decisions in the future. Also a durable power of attorney and hopefully that would avoid having to go through a guardianship. And you can also designate what they call a standby guardian to designate who you’d want to be your guardian in the event that you would become incapacitated and need a guardian appointed. If you have any questions concerning this, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos