My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »
You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust...Read more »
still entitled to the balance of a jointly held convenience account that was set up as a means to manage financial affairs of the deceased or should the balance be conveyed to the estate for distribution to the beneficiaries.
At the time of my signing I was under the pressure of a third party law firm. They were suing me for the full value of my S Corporation - a professional medical and surgical facility licensed in the state of Florida. FL 2488. I did not understand the document at that time, as their answers to... Read more »
You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets....Read more »
Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the... Read more »
of my estate? I have completed a FL Revocable Living Trust, a Durable Power of Attorney for Health Care, a FL Durable Power of Attorney appointing my brother as trustee. Brother is on all bank accounts. My house is in a Revocable Living Trust. Just don't want to burden my out-of-state brother.
Your brother is already listed on all or almost all of your accounts as well as your other estate planning documents, at minimal he could easily serve as the Trustee related to your Revocable Trust and it should not be that demanding or difficult, worst case scenario he can decline to serve at the...Read more »
My mother passed. She left no will. We are going through probate for the property (3 siblings). Now one of the siblings wants to buy the house, but I don’t trust him, don’t like him, and after this is over, do not want anything todo with this sibling. What would be best the way to walk away... Read more »
My husband recently passed and our home was in his name only. He has a son from a prior marriage, which is already looking for his half of our estate. I put down $10,000 from MY pension on our home and still owe over half of the mortgage. Am I required to give 50% of my home to my husband's... Read more »
Since this sounds contentious, you should consult with a few estate /probate attorneys in your area, discuss your specific case with them, and then hire the one with whom you are most comfortable. You need to do this so that you become aware of the options available to you.
While my aunt was alive, she asked me if I would take her pets when she died. She told me she was leaving me money as well as leaving money for the care of the pets. She told my husband, cousin and her boyfriend this. When my two cousins went to the reading of the will, one of whom is supposed to... Read more »
In the world of probate 25 days is a very short period of time and no time at all really. Depending on the type of probate that is required, you could possibly be waiting months. Words and promises do not matter at all as it relates to a Will, only what was actually written into and put into the...Read more »
in florida-One of my daughter's retirement accounts has an ex-boyfriend as primary and her sister is secondary. He wants to be removed and let her sister who is secondary get the retirement annuity. How do we do this? in probate?
No, simply give the financial institution where the account is deposited written instructions to that effect, signed by your daughter and her ex. Ask the financial institution if they have a form they require.
No, Florida requires signature, two witnesses and notarization, if this is not the case then it will not be a valid Will and the estate will be deemed Intestate and the Florida Intestate Statutes will apply to the probate. This means it will be important who survived your daughter and whether the...Read more »
Very sorry for your loss, please accept my condolences at this difficult time. In Florida, any interested person can pursue and commence a probate. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. If the father is nowhere to be found or interested you...Read more »
Daughter died House refinanced in 2018. should have owed 138 left on house worth 230-300 k. What happens once house goes in my name(mom) in estate. Can I continue to pay her mortgage or would I have to refinance. How does it work? Or is it up to mortgage company.
Very sorry for your loss and the passing or your daughter, please accept my condolences at this sad and difficult time. You are going to need to speak with a probate attorney in the state where the property is located. Generally speaking, especially if this is in Florida and this was your...Read more »
My son has not left his room since 15 and is going on 26 this year. He cannot express himself, severe anxiety and panic disorder since 15, Causing high BP at age 20. Type one diabetic, rare blood clot disorder, scoliosis, chronic back pain, now knee and shoulder issues. I am helping him to get... Read more »
This is really a wills and estate planning issue. What you can do is contact an estate planning attorney in Florida and ask for assistance in drafting the POA document. If your son is not competent to understand and execute such document, then you may need to consider a guardianship proceeding.
We always discussed that I would inherit the house and my stepfather has no relatives. I'm told now they're going back to the 1850s to find a relative. How long do companies that search for ancestors have to show a blood heir? I'm taking care of the house at the moment and have... Read more »
Without a will, the estate is intestate and must follow the order of succession in the Florida probate code. Did your stepfather legally adopt you? Did he have any natural children or siblings? Are his parents alive? Unless you were legally adopted, you are not entitled to anything and the Probate...Read more »
I'm applying for dual Italian Citizenship. My great grandfathers name on my grandfathers birth and marriage certificates is different than what it is on everyother document. He used and instead of his actual name, . My grandfathers Baptismal record has the correct names as well. The... Read more »
This is an unusual question and does not appear to be applicable to family law. It sounds like you are a US Citizen who is attempting to also obtain Italian citizenship based upon the fact that you have Italian family/heritage. If this is correct, then it is not an immigration issue as you are...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.