What Is a Complex Will?
Video Summary
What is a Complex Will? Well by the very word complex, means that it has any unusual or a lot of various provisions in the Will itself. There’s not a particular title that goes along with that, that I’m familiar with. As far as a Complex Will, I would suggest that it probably, would include what they call a testamentary trust provision or a trust provision of the Will that says, upon my death that a certain portion or all of my estate will be held by a trustee and paid out to the beneficiaries over a certain period of time. It can also, be complex if it has numerous, specific devices or gifts that, which, that does signate to be paid out at the time of their death. So that would be my understanding of a Complex Will. If you have any questions, give me a call at (727) 847-2288.
Can a Credit Card Company Put a Lien On My House If I Do Not Pay Them?
Video Summary
Can a credit card company put a lien on my house if I do not pay them? The answer is no. An order for a credit card company to even have a judgment lien, they must first file a lawsuit against you many times. If it’s a smaller amount under $15,000, they can go to small claims court and if they receive a judgment, they must then record a certified copy of the judgment and the public records or wherever you own any real estate, for it to be a lien against that real estate. However, that judgment lien does not attach to your home. No liens except, mortgages and construction liens, homeowners association liens attached to your house during your lifetime. And that’s pursuant to the Florida Constitution. So a credit card company’s judgment does not attach your house. You don’t have to pay that credit card judgment at the time you sell your home, and even when you pass away, if you leave your home to your relative or a blood relative, then they don’t have, they’re not obligated to pay the creditor, any judgements that the creditor may have as far as the house is concerned. Do you have any questions about this? Give me a call at (727) 847-2288.
- Published in Estate Planning, Real Estate, Videos
If My Husband Dies, Do I Have To Pay His Medical Bills?
Video Summary
If my husband dies, do I have to pay his medical bills? The answer to the question is no, you do not. That is unless you have signed to be responsible, uh, for his medical bills. So whenever, if you do lose your spouse you do not have to pay their medical bills. Most of them are usually covered by insurance, but you’re not personally responsible to pay them. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos
If I Go To A Nursing Home, Will They Take My House?
Video Summary
If I go to a nursing home, will they take my house? The answer is no. Nursing homes usually are charged for their services. This is usually after you go to the hospital, you go to rehab, and then it’s determined that you need skilled nursing care. The cost of the nursing home, it runs about $8,000 or more per month. In the event that you cannot afford the $8,000 a month, you would need to apply for Medicaid or have your power of attorney or agent apply for a nursing home for you. There are two tests to obtain Medicaid so that the state would pay for your stay. One is an income test and the other is an asset test. And the asset test exempts your home from the determination. And also your home is exempt from the payment of creditors’ claims including, Medicaid reimbursement, as well as any judgments of any nursing homes that are involved. So the answer to your question, answer to the question is no. The nursing home will not take your home. They cannot take your home, nor can any creditor. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Medicaid Planning, Videos
I Am Ready To Retire, What Legal Documents Do I Need?
Video Summary
I am ready to retire, what legal documents do I need? Well, whether you’re retiring or not retiring, you should contact an attorney to do your estate planning documents. That would include a will and a discussion with the attorney as to whether you want a Will or whether you want to do a trust and how you want your assets to pass. Sometimes you can title your assets so that they automatically pass through the beneficiary to avoid probate, and that’s usually something that everyone’s concerned about: is to avoid probate as far as that’s concerned. In addition to a Will and the discussions on who you would like to receive your assets at the time of your death, it is important that you designate a healthcare surrogate. That is a person that can make medical decisions for you in the event that you go on the hospital and you’re not able to make those medical decisions. Also a HIPAA waiver, whereby you’re authorized in the release of your medical information. If you go into the hospital or any medical provider would be authorized to release this information to you, particularly if you’re hospitalized and they want to check to see how you’re doing. It’s usually a loved one that you would want to give this to, so they can find out how you’re doing and check with the doctors as far as the prognosis is concerned and the diagnosis and, when they can expect you to be able to return home. If you have any questions about this, give me a call at (727) 847-2288.
- Published in Estate Planning, Videos, Wills