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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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I'm legally married but living separately

Customer Question

I'm legally married but living separately for 3 years from my husband in Florida.
Because of diagnosed Alzheimer, dementia, and being an ongoing victim of scamming rings, husband's adult children petitioned for & obtained emergency temporary plenary co-guardians of him and put him into an assisted living facility.
We have joint ownership of house, two cars, and an "underwater" rental property. I have an annuity and 2 IRAs, and a rental property in my name only. In regards ***** ***** assets that are in my name only, do they have a legal right to these funds to pay for his Assisted Living care? And do they have a legal right to keep me our of our jointly owned home as they claim?
Except for his social security & small pension, he has no funds.
Submitted: 6 months ago.
Category: Estate Law
Expert:  LawTalk replied 6 months ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.Let me know if you don't want a call and I will be happy continue here with an answer for you.Either way, whether I call you or not, in order to give you a clear and concise answer, I will need some additional information about the circumstances, please.1. You have been living outside the family home for 3 years now?2. Are you prepared to seek a divorce so that you can recover possession of the marital residence?3. How much assets do you present have, approximately, between your annuity and IRA's?Thanks in advance,Doug
Customer: replied 6 months ago.

What is the price of a phone consult?

Is the value of my estate germane to the what the outcome is?

I'm looking for answers, to not only protect my assets from his children (Legal Guardians), but am willing to contribute within reason to his care.

Expert:  LawTalk replied 6 months ago.
Good afternoon, I agree that a discussion by phone would be a much better idea given the convoluted facts of your situation. I will make the call offer right now.Doug
Customer: replied 6 months ago.

Thank you. I will plan to do that later today. I need to wait for my family to be present for your consult because I feel too stressed to absorb much information at the moment.

Customer: replied 6 months ago.

I'm sorry, but I do not want to pay any more money. I do not want to divulge any additional information regarding finances.

Thank you for you help, but I would like to request a refund.

Thank you.

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