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Florida

Do any of you advise against using online template forms to create your own Will, Power of Attorney and Health Care Directive?

ADDITIONAL INFORMATION: Some of my colleagues have used these forms to create their own Will and Power of Attorney–not sure about Health Care Directive. As long as they are notarized, I assume these documents are considered as legal as those created by an Attorney–or am I mistaken? Are there cautionary tales you wish to share? Is there an online resource for these forms that you recommend? What range of costs should I expect if I complete

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Does an executor need to disclose how money is being spent?

ADDITIONAL INFORMATION: My mother had a stroke, but is very cognitive and alert , she is in rehab. My brother has taken over as executor to pay bills. As one of 8 siblings I have asked several times how the bills are being paid. I have asked for detail info since I knew exactly what was in her accounts. I have been told that I do not need to know, or how the money is being

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How do I remove my mother’s name from the title to my (our) home?

ADDITIONAL INFORMATION: My mother is 97 years old with dementia such that she needs 24 hour care. She is destitute and on Medicaid and is represented by an elder law lawyer who is her court appointed guardian. I am considering the possibility of selling our townhouse and moving to be near one of my children. I am not in a good financial place myself, another reason to move to somewhere less expensive with one of my

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Executor of a Trust refuses to provide both cash and deed I have been given. What do i do?

ADDITIONAL INFORMATION: The executor/daughter to the deceased does not want to give the cash and deed I was left in the Trust. What are my options or rights in this situation? ANSWER BY MARGARET CROSS-BELIVEAU: You as a beneficiary of a trust have the right to know about your inheritance, unless the trust is what is called a blind trust. You should consult with a trust attorney to determine what your rights are. Often a letter

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Do I have to divide any money or estate left to me if not instructed to?

ADDITIONAL INFORMATION: I have just lost my grandmother.  She left me her 401k, life insurance, and I’m pretty sure her estate ANSWER BY MARGARET CROSS-BELIVEAU: As a beneficiary of the 401(k) and life insurance, you will inherit these assets outside of probate.  Her estate will be governed by her will.  If she named you as the sole beneficiary, then only you will inherit.  Legally, you are not required to share a bequest that a testator made

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What is the difference between a durable power of attorney and a power of attorney?

ADDITIONAL INFORMATION: My mother is 88 years old. She would like help paying bills, being a representative for her with her bank and other creditors. What type of form do I need? ANSWER BY MARGARET CROSS-BELIVEAU: A power of attorney is a document which gives an agent the ability to make financial decisions for the principal for a certain transaction or period of time. It will cease to be valid if the principal becomes disabled. For

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What rights do my siblings and I have to my grandmothers estate if our mother’s inheritance was sold before she died?

ADDITIONAL INFORMATION: My Grandfather passed away in 2007. 6 months before his passing, he sold the home he had left in his will for my mother. My Mother passed away in 2016. 6 months before, her mother, my grandmother, passed away in 2017. My grandfather’s will was possibly never read in 2007 stating that my Mother would have inherited the home sold in 2006. My uncles have claimed the properties they inherited but did not inform

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