Does A Durable POA Enable The Sale A Home Without The Owner’s Consent?
Video Summary
Does a durable power of attorney enable the sale of a home without the owner’s consent? The answer is yes, a power of attorney appoints an agent to act in behalf of someone. So that person is supposed to act in behalf of in this case, an owner for their benefit. And so they’re authorized by the power of attorney to sign the documents, which are authorized in the power of attorney. They’re usually very thorough if they’re prepared and they’re prepared and would authorize the person and they’re now called agents rather than attorney in fact, to sign in behalf of the owner and the owner has consented by executing the power of attorney and putting their trust in the agent attorney. In fact, you any questions about a power of attorney give me a call (727) 847-2288.
- Published in Real Estate – Selling, Videos, Wills
Once You Are Eligible For Florida Medicare Can You Live In Any Assisted Living Facility?
Video Summary
Once you are eligible for Florida Medicaid, can you live in an assisted living facility? The answer is yes, you can. As far as qualifying for Medicaid, you must meet certain criteria, which is an asset test and also an income test. You cannot rent out your, if you own a home and then you’re going to move to an assisted living facility, you can’t rent out your home or sell the home. You can also obtain Medicaid assistance as far as going into an assisted living facility. Although there is a wait list , I don’t know, a year or 18 months or whatever, and you should contact an elder law lawyer. The question all had the were also had words in here about Medicare, which it doesn’t matter if you can live anywhere you want to with Medicare, that does not prohibit you from where you live or what you in anything as far as your economic, income or your assets, as far as receiving Medicare is concerned. So if you have any questions about this, you can give me a call at (727) 847-2288.
- Published in Medicaid Planning, Videos
What Makes Will Invalid?
Video Summary
What makes a will invalid? The primary reason why a will may not be valid is because it has not been executed in the presence of two different witnesses and in the presence of the person making the will. That person’s called a test dater and all three persons have to be present and sign in the presence of each other for the will to be valid. There are other reasons that a will, can be invalid as if the person does lacks the mental capacity to make a will. And that’s a very low threshold and that they only need to know who their relatives are and what kind of assets which they own in order to be able to make out a will. The third way to that a will, may be invalid is if it was procured by undue influence. In other words, someone made them or influenced them to make a, will naming them, usually the influencer as the beneficiary of the will. So those are the three primary reasons for why a will would be invalid. If you have any questions about that, you can give me a call at (727) 847-2288.
- Published in Estate Planning, Probate, Videos, Wills
How Do I Determine If a Deceased Person Owns Property?
Video Summary
How do I determine if a deceased person owns property? Well, of course the most logical place to start is go through their documents, whatever paperwork they left behind, go through it and see if you can find tax bills, account statements, insurance policies, whatever. And see if you can’t find something there, if you can’t find it there, then the next step is, I would check the tax rolls for whatever county in Florida that they live to see if there’s any property, title in name, which would be another indication of, of what if they owned any real estate in the particular county where they died, or if they moved from another county in Florida, you might want to check the tax rolls. There. That’s an easy way to do that. Otherwise, if you come up empty with all of that, can, if you want to spend the money spend between 20 $503,000, you can hire, a firm to do an asset search, nationwide, which would show all the bank statements and, brokerage accounts and real property. Basically what creditors use they order these searches to see if a debtor owns any assets and where it is, but you can use it for a state tax purpose or state purposes, not a state tax purposes, but a state purposes, in order to open a probate. But it’s a substantial investment to try and find out what assets that the decedent owned. So if you have any questions, give me a call. It’s (727) 847-2288.
- Published in Estate Planning, Probate, Videos
How Does A Real Estate Deed Need to Be Formatted?
Video Summary
How does the real estate deed need to be formatted? Well, the first thing you have to do is, show who the grantor is, or the person who owns the property, whose conveying it to someone else. That person that they’re conveying it to is called a grantee. We need to have their name in the deed and we also need their address. Then you next need to show that it’s what the consideration is, whether it be $10 or it’s a gift or the dollar amount that the, this transfer is being made for, then you need to put in a good legal description, just not what the property appraises says it is or what the street address is. You need the legal description in it. Then, you need to have magic words in, in the deeds of conveyance, such as they grant convey transfer. So quick claim, all of those indicate that your transfer, the title, and then you have the legal description. Then the deed must be signed the presence of two different witnesses. And then you have to have an acknowledgement. That’s not a, a sworn statement, but an acknowledgement by the person doing the conveyance, the deed needs to be signed the presence of these two witnesses. So that’s the format for a deed in Florida. If anyone’s viewing this outside the state of Florida, I am not telling you what’s required in those states, but that’s pretty much the format that you need for a deed. I know the, the clerk of the court may require the grant tour to put their address in the property. We also put down the marital status of the grant tour and that if it’s his home, he needs to be single, or if not, he needs to have his spouse join in the deed to convey property and show that their husband and wife, or if he’s single or just what his status is. So if you have any questions about, the deeds, uh, give me a call at (727) 847-2288.
- Published in Real Estate, Videos, Wills