Do anything about that she's taken everything and acts like we don't know each other.. numerous property's, antique car collection plus....
answered on Mar 23, 2023
I am very sorry for your loss on the passing of your dad, please accept my condolences and sympathy for you and your family at this sad and difficult time. Generally, much depends on whether there was a Will/Trust, was there a pre or post-nuptial agreement and furthermore, how were accounts and... Read more »
What exactly does that mean? Does the son really inherit anything?
answered on Mar 21, 2023
While a review of the estate planning documents/will is needed and necessary, it generally is telling you this; if the spouse dies first then the son can take that designated portion, it is an alternative backup option in the event the spouse dies first. The son only inherits if the spouse is... Read more »
To me. The other grandchildren are trying to protest the Will, saying they deserve something too. Can they? Am I considered my grandparents child since they had custody/guardianship over me thru the courts?
answered on Mar 17, 2023
If there is a legal and valid Will that rules the day, whatever they left you in a legal Will is indeed yours, they can try to fight it and make claims, but it is likely a long losing shot on their part unless there was some sort of undue influence or such that can be proven related to the drafting... Read more »
I know the deceased relative and my sister and I are his only living heirs. This firm wants to handle his estate and has already sent me a document to sign allowing them permission to do so with all work done on a contingency basis. This firm has a good reputation online. Should I sign it or... Read more »
answered on Mar 17, 2023
You should take it to a trusted attorney from the state where this is located. These companies that do it on contingency usually want a hefty percentage and or get you to sign over all sorts of rights and sums. It also depends on what they are promising, if it is unclaimed monies turned over to the... Read more »
answered on Mar 16, 2023
I am sorry for your loss on the passing of your father-in-law, please accept my sympathy and condolences. Generally, any assets in the name of the deceased will need some version of probate usually, you will need to speak with a Florida Probate Attorney if this is in Florida. With vehicles you will... Read more »
Brothers atty ready to disburse each 15 acres to heirs. Brother refuses to distribute to siblings What to do.
answered on Mar 13, 2023
This matter should and usually is handled via the probate, if it cannot be handled or was not handled in probate then you are potentially stuck with a Partition action, you should try to reach agreement because partition can be costly, best to find resolution amongst yourselves via probate and... Read more »
His spouse is still living in the home. I am giving her time to move but need assistance with what to do with the deed once she is gone.
answered on Mar 11, 2023
Unless a pre-nuptial or post-nuptial agreement or some sort of homestead waiver was signed by the spouse, the spouse will usually have substantial rights and claims to an estate no matter what a Will/Trust or otherwise is written in many instances (so be aware of this potential reality). In order... Read more »
My mother in law retired and she moved to El Salvador she wants us to take over her morgatge and she wants us to keep the house and pay for it , but how can we protect our selves from her not trying to get her house back in a future ?
answered on Mar 7, 2023
Some version of a deed needs to be created to give you a protected partial or full interest in the property, I would encourage you to speak with a real estate or estate planning attorney, if she intends to return to the U.S. you need to discuss this as well potentially.
If someone has an irrevocable Trust for their home that is paid off, can that person sign over a quick claim deed on their home to a different person? My mother in law passed away last year. She has a Trust that gives the house to her 3 children. However in 2020, one of her grandchildren had... Read more »
answered on Feb 28, 2023
A Quit Claim Deed rules the day and wins out. You will need to have any deeds as well as the Trust reviewed by a Florida Estate Planning/Probate/Real Estate Attorney. Generally, if the Deed has been transferred and named the Trust, then it is a Trust asset (owned by Trust), if the property was... Read more »
My father passed away and I am name PR and trustee. His Will states that all assets in his estate be passed to his Revocable trust, however his IRA had no beneficiary listed. Does the IRA need to pass through probate? He did not list his “assets” in the Will.
answered on Feb 27, 2023
I am very sorry for your loss on the passing of your father and please accept my condolences for you and your family at this sad time. Yes, a probate will be necessary for all assets that have not already been titled in the name of the Trust, the Will you are referencing appears to be a... Read more »
What can I do legally
answered on Feb 26, 2023
You can check with the State Attorney in the County where this took place and turn it over to them, generally;
Florida’s Bad Check Statute — F.S. 68.065 — says that if you provide a written demand that the money under the bad check be paid and the money isn’t paid within 30 days,... Read more »
answered on Feb 23, 2023
Yes, you should register as a DBA, but I would additionally say it is simple enough and you should consider possibly just creating an LLC as well, it looks more professional for a business and if you discuss with an attorney, they can explain how it can create additional potential liability... Read more »
The will was made in the state of GA and we have since moved to FL. It was notarized and signed by 2 witness in GA.
There is a clause in the will that states after my kids are over the age of 21 there is not a need for a custodial.
answered on Feb 13, 2023
Inapplicable clauses will generally be ignored and not applied based on what the rest of the Will and Estate plan specifically states. While a Will from another state is a legally enforceable document and usually accepted, there are various things in an estate plan that could cause issues under... Read more »
I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »
answered on Jan 31, 2023
I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your... Read more »
answered on Jan 23, 2023
Adding a person/here your daughter to the property can indeed expose the property to any creditors and or judgments that your daughter may owe. In addition, if this is your Homestead, there is real potential that it could impact Homestead Protections as well as Exemptions. Furthermore, if there is... Read more »
answered on Jan 19, 2023
Generally yes, it depends on what it was and what the circumstances were but generally yes, see below;
A verbal agreement can be legally binding in Florida if all the elements of a contract are in place and it can be proven that there is, in fact, an oral agreement binding one party to... Read more »
My grandmother is unsure if she should create a will or a living trust. Her primary concern is ensuring that I inherit the property which is paid off completely however, another concern we are having is, if the home will be used to pay off any outstanding debt, such as credit cards if so, how can... Read more »
answered on Jan 18, 2023
If a property is Homestead Property, creditors such as credit card companies and other lenders will not be able to force the sale of the property, the Homestead Property if handled properly is protected. Any debts not directly attached to the home (like for instance mortgage loan, equity line, work... Read more »
I already have a buyer. Do I need to go through probate or can I just go to a title company present the will and sell the home?
answered on Jan 16, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and you family at this sad and difficult time. No, that will not work, you will want and need to get a copy of the deed, if your mom's name alone is on the deed the property will need to be probated,... Read more »
One sibling verbally states they want nothing to do with the house but refuses to sign anything, has blocked me from messenger and Facebook and hangs the phone up when called by current lawyer. Unable to get answers from current lawyer, house has been in probate since 2018 and was sold 1 year ago.... Read more »
answered on Jan 13, 2023
You can try to get them to sign a waiver by mailing it to them, if they are and continue to be unresponsive, then petition the court for discharge and closure of the estate and pursue petitioning the court at the same time or advance to deposit their share into the court registry.
the clerks office in 9/2013 and he put his property in my name prior to open heart surgery after he i quit claimed his property back to him in 7/2015. We loaned him 70 k in 4/2013 to buy ex wife out of divorce he took a reverse mortgage on his property to pay us back. he passed away in 2022 now... Read more »
answered on Jan 3, 2023
Yes, if they are motivated to try to fight this and make this messy it is possible that they can try to fight this based on claims of undue influence and or similar claims. I am not sure how much luck they will have for a few reasons, there is a divorce which ends the relationship related to the... Read more »
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