July, 2018 | The Beliveau Law Group

What is the least expensive way to open an estate in Florida, to purchase property froma New Mexico estate? Property in Lee Cty

ADDITIONAL INFORMATION: I am under contract to purchase real estate which is located in Lee County, Florida. The seller of said real estate is an estate of a man who passed away in the State of New Mexico. The estate was apparently ‘probated’ in New Mexico. So, the title company is telling me that I need to hire a lawyer and open a Florida Estate. There are two Co-Personal Representatives of the New Mexico Estate. They

Can I sue someone that borrowed 90.00?

ADDITIONAL INFORMATION: A friend asked to borrow $100.00. I send him 90.00 on western union plus pay a fee of 12.50…Now this person does not want to pay me..Can I sue him for the $90.00 plus I want to add. PAIN AND SUFFERING….So now I want to sue him for $5000.00. Can I take him to court for this. I am a disabled person and feel he took advantage of me ANSWER BY MARGARET CROSS-BELIVEAU: You

Know when to consult a real estate attorney

It’s generally wise to seek the advice of a real estate attorney any time you buy or sell a property. Common sale scenarios pose specialized legal risk, and you should consult an experienced attorney if any of the following apply to your sale: Judgements or liens: If there’s a lien on your property, retain an attorney to evaluate the validity of the lien and how to remove it before it holds up a sale. Heir to

Getting a mortgage with frozen credit

Remember the Equifax data breach last summer? Roughly 145 million Americans had their personal information and credit data compromised, leaving them open to identity fraud and theft. As a result, U.S. credit bureaus (Experian, Equifax, and TransUnion) saw a surge in consumers signing up to freeze their accounts. Now some would-be homebuyers are running into a hurdle in the mortgage application process: frozen credit. Fortunately, you can request a temporary “thaw” that allows lenders to access

Buyers increasing down payments to gain edge

Buyers are facing heavy competition in certain U.S. housing markets, and many are increasing their down payment to gain the competitive edge. In purchase situations with multiple offers, the buyer with the larger down payment is likely to win out. In part, that’s because larger down payments suggest less risk that financing could fall through. More importantly, a higher down payment can effectively bridge any financing gaps should the home appraisal come in at less than

Home values could decline, thanks to tax changes

The Tax Cuts and Jobs Act, signed into law in late December, will affect millions of Americans in different ways. When it comes to real estate, legal experts suggest that the massive tax overhaul could have some unintended consequences, including discouraging homeownership and slowing the pace of home appreciation. Here’s how the new law affects homeowners: Lower limits on mortgage interest deductions: Under the new law, homeowners can deduct interest on mortgages up to $750,000, down

HUD makes reverse mortgages less attractive

The Department of Housing and Urban Development (HUD) has made changes to the federal reverse mortgage program. Citing the need to put the program on better financial footing, HUD has raised reverse mortgage fees for some borrowers and lowered the amount homeowners can borrow. The changes took effect on October 2, 2017. They affect borrowers who take out new loans, but not existing loans. A reverse mortgage allows a homeowner who is at least 62 years old to

Should you enroll in two popular Medigap plans while you can?

If you will soon turn 65 and be applying for Medicare, you should carefully consider which “Medigap” policy to enroll in because two of the most popular plans will be ending soon. Between copayments, deductibles, and coverage exclusions, Medicare does not cover all medical expenses. Medigap (or “supplemental”) plans offered by private insurers are designed to supplement and fill in the “gaps” in Medicare coverage. There are 10 Medigap plans currently being sold, identified by letters.

What happens when a nursing home closes?

The expansion of alternatives to nursing homes, such as assisted living and community care, has been financially challenging for the nursing home industry, and every year a small percentage of facilities close their doors. The state or federal government may also shutter a facility for safety issues. Moving into a nursing home can be a stressful experience by itself. If that nursing home closes, residents can experience symptoms that include depression, agitation, and withdrawn behavior, according

How to reverse Medicare surcharges when your income changes

Are you a high-income Medicare beneficiary who is paying a surcharge on your premiums but who has experienced a drop in income or is anticipating one? If your circumstances change, you can reverse those surcharges. Higher-income Medicare beneficiaries (individuals who earn more than $85,000) pay higher Part B and prescription drug benefit premiums than do Medicare beneficiaries with lower incomes. The extra amount the beneficiary owes increases in stages as the beneficiary’s income increases. The Social Security Administration uses

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Beliveau Law Group

July 2018