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Florida

My father died in Florida and had no will but his home was deeded to him only and paid for before he married my stepmother.

ADDITIONAL INFORMATION: Do I have any rights as a son and the stepmother says she has a life estate and she says the property will go to my father’s Aires when she passes but we have never seen any paperwork to say what the situation is.. ATTORNEY ANSWER BY MARGARET L. CROSS BELIVEAU: The surviving spouse is granted a life estate in the property in order to protect her rights. A life estate means that she

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How do i sell mothers home,without power of attorney?

ADDITIONAL INFORMATION: Mother is in nursing home, money is running out soon. I am her daughter, but I don’t have durable power of attorney.What do I need to do,legally to sell her home, so that I can continue to pay her nursing home bill/utilities/property taxes/and medications? ATTORNEY ANSWER BY MARGARET L. CROSS: Under Medicaid, her home is a non-countable assets. Instead of trying to sell the house, you should consult with an elder law attorney about

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The Key to Victory

David Beliveau’s expert testimony on trust law and Florida fiduciary law was the key to a trial victory for my client.  I represented a Massachusetts trustee who was administering a Florida trust.  The lifetime beneficiary of that trust filed suit against my client who was a highly regarded trust attorney.  The case was complicated as it covered myriad aspects of Massachusetts and Florida trust law.  As the case headed towards trial, I realized that I would

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