Can I do that without affecting his ss and even though he lives in florida can the person handling the trust live in New york?
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answered on Apr 11, 2024
Yes, you can set up a special needs trust for your son without affecting his eligibility for Supplemental Security Income (SSI) and Medicaid benefits. A special needs trust, also known as a supplemental needs trust, is designed to provide financial support for a person with a disability while... View More 
I need it to get the car title put into my name
answered on Apr 9, 2024
It depends on the type of assets that will be part of the estate and what their overall value is which will determine the type of probate, if any, is needed and applicable. The Will may need to be probated and in order to do a probate you likely will need a probate attorney based on the type of... View More
My boyfriends will is in his family possesion. I believe its on his phone. He commited suicide this month and the family wont share the will with me. Is there anything i can do?
answered on Mar 22, 2024
It's almost impossible that such a document, on a cell phone, would stand up in court. A will has a number of requirements, including the requirement that it be signed by the testator, signed by witnesses, and be notarized. So, it is very doubtful that you can inherit anything unless a... View More
answered on Mar 18, 2024
You will need to have a Florida Estate Planning Attorney look at and review the Will and or Trust and see what can be done and under what circumstances. Hopefully the grantors of any Trust or any other estate planning documents are alive and have proper mental capacity, in addition, they will need... View More
PR LAW... Each child was granted property while father was alive now 3 rental properties remain. Heard there is a new law. Can you say what percentage to each?
answered on Mar 4, 2024
I am very sorry for your loss and please accept my condolences for you and your family. When there is no Will, then the Florida Intestate Statutes (without a Will) will apply. If all the children are from this marriage, then the surviving spouse inherits everything. You will need to speak with a... View More
Can the children get the land put in their names , bypass the husband if he's with another and left county, destroy everything on land before leaving, one kid still stays on land and kept it from being condemned for everything the husband done prior to abandoning a junk yard, and sold... View More
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answered on Mar 1, 2024
In cases where a spouse dies without a will, known as dying "intestate," the distribution of the estate is subject to state laws. Generally, the surviving spouse is entitled to a portion of the estate, with the remainder distributed among the deceased's children. However, if the... View More
They had no kids 2gether. She had a couple from previous marriage & he had my husband.
FIL just passed, Step-mom wants to see & move closer to kids near Bradenton. Does my husband get half of house now or after she passes say 20 yrs from now? If she doesn’t volunteer the money, my... View More
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answered on Feb 27, 2024
This answer is based on Florida law. It sounds like you are asking about an inheritance. The first thing to do is read the documents (perhaps a will) that states what is supposed to happen with the property. If step mother brings papers to sign either read them carefully or tell her that you want... View More
answered on Feb 24, 2024
Generally, any assets and real estate in Florida will be handled in accordance with Florida Law and any assets in Puerto Rico will be handled in accordance with Puerto Laws if a probate ever becomes necessary at some point. The main probate will be done in the state where the person is a resident... View More
I have a warranty deed with my name and my husband's name on it he has passed then I also have a living trust revocable that has a quick claim deed in it to me with me and my husband and on another page of the special directive it says for the step kids that I may live here until I moved or... View More
answered on Feb 14, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with and consult with a Florida Probate Attorney, based on when the deeds were done and precisely what they say will have some... View More
Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?
answered on Feb 14, 2024
You should definitely consult with an estate planning attorney to review the trust agreement and determine what your rights are and explain it to you. It sounds like you are a trust beneficiary for life, but there will be specific terms in the trust agreement that determine what rights you have as... View More
Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?
answered on Feb 13, 2024
You would have to have both the Trust and the Deed reviewed by an estate planning/probate attorney. Generally, it sounds like you only have a life estate, that said, unless you signed a pre or post-nuptial agreement, you would have substantial rights related to your Homestead Property no matter... View More
My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.
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answered on Feb 9, 2024
It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the... View More
My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More
answered on Feb 5, 2024
I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More
But trusts do help avoid probate costs. If nearly all my assets (property, bank/retirement accounts) are already set to beneficiaries I chose - except my car, do I really need a costly trust instead of a less costly will? Is a trust really for a person that has assets that are not already secured... View More
answered on Feb 4, 2024
A Trust and related estate planning allows you to indeed avoid probate and save a substantial amount of time, headaches and money if a probate is eventually needed. Even if you have a Trust and you do not timely draft, execute and update it you may find yourself in probate anyway. In addition, I... View More
The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More
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answered on Feb 2, 2024
In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More
The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More
answered on Feb 3, 2024
You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More
My father recently passed away. He was hospitalized for one year, and his health insurance was not able to cover all of the medical costs. Now, my mother is faced with more than $30,000 in medical bills which she is unable to pay. Is mother responsible for paying my deceased father’s medical... View More
answered on Feb 2, 2024
I am very sorry for your loss on the passing of your dad, please accept my condolences. The answer to your question is generally "No", you will want to contact and speak with a Florida Probate Attorney as well. As long as your mom did not sign anything and obligate herself to the medical... View More
I was named the PR/executor in deceased's will. Will was submitted to the court. Formal probate was initiated, but then before I was named PR, it was converted to summary administration (there is no court-appointed PR in summary administration) because the only asset needing probate was the... View More
answered on Feb 1, 2024
I often have this conversation with clients after summary administration. In your situation, your last opportunity for reimbursement of estate related and real estate related expenses is at the time of the real estate closing. You are going to want to provide proof of payment of these expenses to... View More
The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?
answered on Jan 29, 2024
I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. You will need and want to contact a Florida Probate Attorney, based on the type of assets and the overall value will determine the type of probated that... View More
The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?
answered on Jan 26, 2024
Based on the assets you described, you will most likely need to file for formal administration in the county where your father resided when he died. You will need to inform the heirs and creditors of the estate, create an inventory, pay any outstanding debts owed, and then request an order for... View More
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