How to Obtain Decedent's Credit Report for Summary Administration of Estate

Many Floridians don't realize that it is possible to settle the estate of a family member without an attorney. In certain circumstances, when the value of the entire estate is less than $75,000. excluding exempt property; or when the person died more than two years ago; an attorney may not be required. It is common for estates to qualify for summary administration, and with some of your own research and help from a document preparer, the estate assets can be passed to the heirs.

One step that may be required is to obtain the credit report of the family member who died. This will help you discover if there are outstanding debts that must be paid before the estate can be settled.

Here’s what to do:

 Step 1.  Gather the documents you will need. If your family member prepared a durable financial power of attorney before he or she died and named you as the financial agent, make a copy of that document.

Step 2. Mail a copy of the certified death certificate and either the copy of your father’s durable power of attorney or a copy of the letters testamentary to all three credit reporting agencies. Include a cover letter explaining what you are trying to accomplish, and make sure the deceased’s name, address and Social Security number are clearly identified in the letter. Here are the mailing addresses of the credit reporting agencies:

TransUnion LLC
P.O. Box 2000
Chester, PA 19022

Equifax Information Services LLC
Office of Consumer Affairs
PO Box 105139
Atlanta, GA 30348

Experian
P.O. Box 2002
Allen, TX 75013

TransUnion’s recommends that you update your deceased father’s credit reports by:

1. Contacting all of his creditors and requesting that they update their records to show that he is dead. The creditors will probably want you to forward to them a copy of his death certificate, if they have not already been notified of the death.

2. Check with the Social Security Administration to ensure that it has updated its files. Refer to the blue page of your local telephone directory for the address and phone number of the nearest Social Security office. Or, use this online tool to find a local office.

Experian explains on its web site that spouses, executors or others representing the deceased can request that a “deceased indicator” be added to the deceased’s credit report by providing a copy of the death certificate to its consumer assistance center. The indicator will help prevent identity theft.

Unclaimed Assets:

Also, you may want to search the State of Florida Unclaimed Property Division. People frequently find assets through this site, it may be a refund check, a bank account, or any number of things that may have been overlooked. According to the FAQ on that site:

What if the Original Owner of the Property is Deceased?

Proof of ownership (detailed below) must still be established with documentation (as detailed on your claim form). In addition, you must provide a certified death certificate for the owner, along with identification and signed claim forms for all heirs of the owner (or for the personal representative if the estate remains open). Additional documentation may be required depending on the specific case. Please review the Florida Administrative Code section 69I-20.0022 (paragraph 3) for more information.

What Types of Identification are Accepted?

Florida law requires claimants to provide a copy of their driver's license or another form of government-issued photographicidentification. If your Identification does not reflect your current address, please include other documentation (such as a current utility bill, etc.) reflecting your current mailing address in addition to your Identification and proof of ownership. If the account has more than one owner and one of the owners is deceased, a certified death certificate for the deceased owner is required in addition to the Identification for the person claiming the account. Note: Each claimant must submit identification and sign the claim form.  

How the Judge decides child custody.

Have you ever wondered what factors Florida family court judges weigh in determining how to decide child custody cases? It isn't which parent the judge likes the best. And it isn't always the mother. Years ago, Florida had what is called a "tender years doctrine" which said that the courts should give preference to the mother in child custody cases, when the children were young. That doctrine has not been used for many years, now the courts must rule in the best interests of the child or children in all family law matters. Following is the a through t list in the Florida Statutes.

61.13 Support of children; parenting and time-sharing; powers of court.—

(3) For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, which governs each parent’s relationship with his or her minor child and the relationship between each parent with regard to his or her minor child, the best interest of the child shall be the primary consideration. A determination of parental responsibility, a parenting plan, or a time-sharing schedule may not be modified without a showing of a substantial, material, and unanticipated change in circumstances and a determination that the modification is in the best interests of the child. Determination of the best interests of the child shall be made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including, but not limited to:

(a) The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

(j) The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.

(q) The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.

(t) Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Support Unconnected with Divorce

John and Daisy were proud of their independence. They married young and enjoyed the joy and privilege of watching both of their children grow up, marry and have children of their own. Their oldest granddaughter was engaged to be married, and John and Daisy looked forward to meeting their great grandchildren whenever they arrive. The couple lived modestly and well within their means. As children of the depression, they both knew how to be frugal. But, they also treated themselves to a vacation once a year and dinner out at least once a month. They enjoyed good health, and stayed active by walking at least one mile daily. Daisy was also careful about their diet, making sure that they always ate wholesome and healthy foods.

Life can change on a dime.

They were walking, as they always did, around the long block. John stumbled and fell. When he fell he hit his head on the sidewalk. Daisy did not panic. Instead, she knelt beside him and talked to him; somehow knowing that she had to keep him awake.. He was semi-coherent. She told him he would be fine, and quickly called 911 on her cell phone. A fire truck and ambulance arrived within minutes; loaded John on a gurney and took him to the hospital. Daisy rushed home and followed. After waiting and wondering for hours, Daisy learned that John would probably be fine. The bump on his head was minor, and there was no concussion. But he had suffered a stroke which had caused the fall to begin with. The doctor wanted to keep John at the hospital, at least overnight maybe longer. Over the next few days, John got better, mostly better. He could talk but didn't have the full use of one arm and one leg. He needed help to get around. The doctor told her it was encouraging that he was talking again so soon. Daisy and John's children came to visit, they both offered to stay in town until John was better. Daisy declined, told them that John is getting better and he'll be home soon.

The days turned into weeks. And although John was better -- his recovery was not complete. He still couldn't walk by himself, and his left arm didn't work at all. The doctor advised that John should go to a nursing home. Daisy knew all too well that most people that go to a nursing home never come out. She talked it over with both of her children. They both told her that she needs to rely on the doctor, and they both said they would come and stay with her and help in any way possible. John's recovery was slow, and the doctors released him to a nursing home as planned. Daisy went everyday to visit him. She sat with him and watched TV, told him news and gossip about family and friends, and tried to make him smile.

The first month that John's social security income was redirected to the nursing home, Daisy barely noticed being preoccupied with John's recovery and return home. The second month, she paid everything again herself from her check and their savings. John's social security was two thirds of their family income. And now his income was gone. She struggled to pay all the bills on her own. She asked her son and daughter for financial assistance, and they happily obliged. But, Daisy knew neither could afford to make up for her financial shortfall for very long. They had their own families and children to look after.

Visiting hours at the nursing home began at 10:00 in the morning. Daisy tried to maintain her usual daily routine, although it was hard without John by her side. She still walked the long walk around the block. Kept up her one mile a day. One fine morning as she was walking, she just couldn't go further by herself. Her thoughts wouldn't stop. She kept wondering how she was supposed to manage on her own. She knew in her heart that John would get better, and she knew it was up to her to make sure that he had a home to come back to. She stopped that day at the playground where the young mothers sit and watch their children play. She watched the little ones on the swings as she sat on the bench, thinking hard about what to do. Thinking too hard, most likely. Out of nowhere a bouncy ball landed in her lap. Startled she looked up and saw a happy toddler chasing after it, and an apologetic mom chasing the toddler.

Mom tossed the ball to her daughter, and sent her back out to play. The women started talking as women do, about their children and then about their lives and then about their husbands. It turned out the young mother was suddenly single, her husband having left for reasons unknown. The young mother was determined that he wouldn't get away with it, he was not just going to walk away from the family. She hoped he would come to his senses and come back. The young mother confided to Daisy that she had filed a Petition for Support Unconnected with Divorce. The young mother said she didn't know if she wanted a divorce or not, but she was quite sure she needed to feed the children. It occurred to Daisy that maybe she could file that too.

Daisy went to the law library to try to find the answer. The law clerks were helpful, but she still wasn't sure. Then she went on the internet and found out a little more. It wasn't clear whether this process would work in her own situation. Daisy then discovered that her local legal aid society had a walk -in legal clinic once a month, where attorneys would answer legal questions free of charge. She went. And here is what she learned:

Help for the Stay-at-Home Spouse when their partner has to move into a nursing home:

When one of the spouses can no longer live at home and must be moved to an assisted living facility, memory care facility, or nursing home, they usually become Medicaid patients which means that the government will pay all of their living and medical expenses at the facility, but will take their monthly income as reimbursement. Many times, this can leave the spouse remaining at home destitute.

Florida allows a person to file a Petition for Support Unconnected with Dissolution of Marriage (with no Dependent or Minor Children), Form 12.904(b). This allows the couple to remain married, but can be used as a method to ensure support.

This form may be used if a dissolution of marriage action has not been filed, and the spouse filing the Petition is requesting alimony, more recently referred to as “spousal support”. This Petition, Form 12.904(b), does not address the issues of property or debts. It only deals with support.

The stay-at-home spouse can file this Petition, along with the other documents required by the State of Florida to be filed at the same time, and the final result of this action would be for the Court to enter an Order directing that the income of the spouse moving to a facility (presumably Social Security and any type of retirement income) would first be paid to the spouse that is left behind, still living in the home that they shared. Any additional amounts of monthly retirement income that are not “awarded” to be paid to the stay-at-home spouse would be taken by the government, but at least the stay-at-home spouse will be taken care of.

Daisy was elated at the discovery. She filed it through the courts and was awarded support. Some of John's check still went to the nursing home, but Daisy was awarded enough to carry on. She knew that John was coming home, and without this support, he would not have a home to come home to.

Co-authored by Gayle Coffman and Ruth Tick

Repost - Fight for the Future! Net Neutrality Affects Us All.

If you use the internet, read/send emails, have a website, use social media, read online articles, research, look at pictures online - if you do any of that - this affects you. If the net stopped being neutral most of the small businesses based on a website would be starved out.

Hey,

I just wanted to make sure you saw this email? There's good news! Thanks in part to the response we helped generate, the FCC has extended the deadline to receive comments about Comcast's attempted internet takeover until October 29th.

50,000 people have taken action already. The FCC will be surprised by this kind of response to a merger question, but the deck is stacked against us so we need to go all out. Can we count on you to help us get to 100,000 comments by the end of this week?
Click here to submit a comment to the FCC opposing the Comcast merger that would dismantle Internet freedom.

Read the email below for more background, and please forward this to your friends and family. It affects all of us!

Sincerely,
-Tiffiniy from FFTF

Dear Fight for the Future member,

Urgent: there are just a few days left to stop Comcast from taking over Time Warner Cable and signing a death sentence for net neutrality. Click here to take action now.

This one really requires no explanation. The most hated company in the US is trying to take over the second most hated company in the US, in a move that would raise our cable and Internet bills, stifle online free speech, and make them one of the most powerful lobbies in history. [1]

This merger is bad for EVERYONE, and there is tons of opposition, even from within the FCC. We have a real chance at stopping this but we have to act quickly. [2]

The deadline is next week! Click here to stop Comcast in its tracks.

Comcast is already the largest and most powerful opponent of net neutrality, online privacy, and Internet freedom. They’ve been caught several times abusing their “gatekeeper” power as an Internet provider to further their own interests. [3] If the FCC lets Comcast forcibly absorb Time Warner Cable -- the second largest Internet provider in the U.S. -- they will control access to information in nearly 6 of 10 people’s homes (more if you're only counting truly high speed Internet). [4]

Millions of you have sent comments to the FCC in support of net neutrality. We’re asking for your help again because if this merger goes through, Comcast gets even more powerful -- in the marketplace, online, and in Washington, DC. If we don’t stop this takeover right now, we'll be fighting an uphill battle on net neutrality and online free speech for years to come.

Will you sign? Click here to submit a comment opposing the Comcast merger.After you sign, please forward this email to everyone you know and share the petition on social media.

Here’s the link one last time: http://www.battleforthenet.com/comcast?org=fff 

Thanks for all that you do,

-Tiffiniy Cheng

Fight for the Future

SOURCES:

1. Brad Reed. "Massive survey finds Comcast and TWC are the two most hated companies in America – period". BGR.http://bgr.com/2014/05/20/comcast-twc-customer-satisfaction-survey-study/
2. Brendan Sasso. “FCC Chief: Cable Companies Are Wrong About Internet Competition”. National Journal.http://www.nationaljournal.com/tech/fcc-chief-comcast-is-wrong-about-internet-competition-20140904
3. Cecilia Kang. “Comcast, Time Warner Cable merger faces a grilling in Washington this week”. Washington Post.http://www.washingtonpost.com/blogs/the-switch/wp/2014/04/08/comcast-time-warner-cable-merger-faces-a-grilling-in-washington-this-week/
4. S. Derek Turner and Matt Wood. “Petition to deny free press”. Free Press.http://www.freepress.net/sites/default/files/resources/Free%20Press_14-57_Petition%20to%20Deny_Final.pdf

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Who Is a Bankruptcy Petition Preparer?

There is information all over the world wide web about how to prepare your own bankruptcy documents. Its possible, the forms are free downloads from the various Federal Bankruptcy websites. But there are many forms, and many people just do not want to prepare them themselves. And, most people only file for bankruptcy once in their life and the time it takes to learn about all the forms and procedures for that one time filing may seem unreasonable and overwhelming.

Nonlawyer Bankruptcy Petition Preparers are a recognized part of the system. [11 USC § 10]

NOLO SAYS:

"Who is a Bankruptcy Petition Preparer?

A "bankruptcy petition preparer" is a person who, for compensation, prepares any document for filing by a debtor in connection with a case in the bankruptcy or district court. A bankruptcy petition preparer is any person or business, other than a lawyer or someone who works for a lawyer, that charges a fee to prepare bankruptcy documents. Under your direction and control, the bankruptcy petition preparer generates bankruptcy forms for you to file either by typing them or inputting information into a bankruptcy software program.

Because bankruptcy petition preparers are not attorneys, they cannot provide legal advice or represent you in bankruptcy court. This means that the bankruptcy petition preparer cannot:

• tell you which type of bankruptcy to file
• tell you not to list certain debts
• tell you not to list certain assets, or
• tell you what property to exempt.

In essence, you must understand what debts your bankruptcy will discharge, what will happen to your property in the bankruptcy, and what laws should be used to exempt your property from being taken for the benefit of your creditors.

In addition, you must file the bankruptcy papers yourself and represent yourself in court. In other words, you are responsible for your case. You act as your own attorney and use the bankruptcy petition preparer as a typing service that transposes the information you give them onto the official forms."

FAIR ENOUGH.

HOWEVER:

I recently heard from a document preparer, who actually isn't even preparing bankruptcy documents at all -- he sells a bankruptcy kit - an organizer. Consumers purchase his kit, and return the filled in information so that a Bankruptcy Petition Preparer can then input that information into a software program which generates the completed documents. The completed documents are then returned it to the customer for filing. All of the monies spent by the consumer are disclosed as required under the federal bankruptcy rules.

A Federal Bankruptcy Trustee is in the process of running this document preparer out of business. The Trustee went so far as to tell the document preparer that he is on a mission to derail all bankruptcy petition preparers in the country. Despite the simple fact that Bankruptcy Petition Preparers are a recognized part of the system. Despite the fact that written materials explaining how to prepare documents are protected as free speech under the First Amendment. And despite the fact that many consumers cannot afford attorney fees, and would go without altogether, but for the assistance of a document preparer.

THIS HURTS CONSUMERS.

Bankruptcy Petition Preparers charge around $200. to complete required forms for a Chapter 7 Personal Bankruptcy. Attorneys charge around $2000. Attorneys can advise bankruptcy filers as to which bankruptcy chapter to file under; whether to file bankruptcy; and advise filers as to which assets are exempt -- Bankruptcy Petition Preparers cannot.

The choice between using a bankruptcy attorney or a Bankruptcy Petition Preparer is not apples to apples. The choice is more like - between hamburger and filet mignon. The budget sometimes dictates our choices. And, obviously, consumers filing bankruptcy may simply not be able to afford attorney pricing. If you can't afford the filet, having a hamburger isn't so bad.

If that Trustee has his way, anyone that can't afford the filet goes hungry.

FALDP Announces New Ambassador Program

One outcome of The Florida Association of Legal Document Preparers's recent conference is the launch of a new community outreach program. FALDP - Empowering the People.

The FALDP Ambassador Program is a local community outreach program in which FALDP members reach out to consumers and educate the public about our association. By reaching out into communities we hope to raise awareness about our industry in general and make our individual document preparation services available; along with the other services our members offer.

The FALDP Mission:

We, the members of the Florida Association of Legal Document Preparers, deeply believe that it is the right of all American consumers to have access to the legal system, regardless of income or education. It is our mission to deliver well researched legal information to consumers.

The FALDP mission embodies our quest and our goals. We offer legal information; and document preparation assistance. We hope that by educating consumers about their legal rights -- we will have done our part to give others hope.

The FALDP mission is a journey. We have only begun, there is much to do. We hope that the confidence gained through education and knowledge will empower consumers, so they may have a fighting chance to enforce or pursue their rights in a court of law.

***

If you are involved in a group or community program whose members are in need of legal information or document preparation assistance we may be able to help. As nonlawyers we are prohibited from offering legal advice or representation. Individual FALDP Ambassadors use and expand their personal and business contacts to extend our association's reach while promoting their document preparation services.

The groups that the FALDP Ambassadors are set to contact include: women's groups, men's groups, Chambers of Commerce, Legal Aid Societies, divorce groups, singles groups, clerks of court, correctional facilities, business networking groups, domestic abuse centers, and many more.

If you are a document preparer who is interested in joining our association and becoming an FALDP Ambassador, we are always accepting membership applications. We are hosting a members only webinar this coming Saturday 10/11/2014. Annual membership is only $75. Membership benefits far outweigh the price. Come grow with us!