A Florida attorney could advise best, but your question remains open for four weeks. The short answer is that once an ordinary gift is given, it's generally a done deal and not revocable, unless there were conditions. This is posted under a general Uncategorized heading. Attorneys who practice...Read more »
I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making...Read more »
The check is a distribution from my late aunt's trust. We are unable to deposit it because we have no estate account for my mother. There was no probate process initiated for her because my parents' assets were combined/shared 100% -probate was done via my father's summary... Read more »
My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... Read more »
It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.
My mother didn't leave a will per se but she did leave a document saying what she wants done with here valuable assets. Her husband is still alive and living in a long term care facility and is on medicade. My step brother is moving quickly to have me removed from the house (I live in the... Read more »
Broward county FL. I see sales papers between grandma and developer 1973. Later in year, I see a deed JTRS between grandma, and then mom&dad, and aunt&uncle. 5 months later in 1973, I see 2 quitclaims from mom&dad to grandma, and another from aunt& uncle to grandma. Did they undo... Read more »
That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property...Read more »
Generally, yes, while I would encourage you to speak directly with a Florida Estate Planning Attorney, the property can be left to children and the children in many instances are able to assume the mortgage, this is particularly so if it is the Homestead property of the parents. Remember, a Will...Read more »
My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... Read more »
A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will...Read more »
Likely not, you will want an attorney to review a copy of the deed, unless it was an enhanced life estate deed (ladybird deed), you are likely stuck with your partner as a co-owner of the property, unless they agree to sign a quit claim deed or other deed back to you, you may well be now a co-owner...Read more »
I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will...Read more »
I requested from the bank that my deceased dad was an account holder at, if they could release the bank account balance at the date of his death to me, so that I could figure out the value before filing to court. They want letters of intent and letters of administration 1st. Is there a way to get... Read more »
Sorry, Floridas circuit court clerks, judicial assistants, magistrates, and judges are far too busy to be sitting around by the phone texting friends and waiting to hear from curious citizens looking for free money asking them for free special legal help that cannot be done.
I am having my will re-drawn. I am naming my only son as beneficiary/executor of my entire estate. I would like to include a contingent bequest of my entire estate to a local animal rescue in the event we both die at the same time (I know, it's actuarially unlikely but I want to cover all... Read more »
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are...Read more »
My boyfriend is currently in prison and wants to give me power of attorney over all of his real property like his car's trucks includes trailers etc and also wants me to collect his stimulus payments which power of attorney do I need to file
Your boyfriend has a choice - either a general power of attorney or a limited one, and for either one of those choices, durable or non-durable. General would give you power to act on his behalf of just about anything under the sun, and limited is for just certain listed items. A durable power of...Read more »
I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any...Read more »
I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... Read more »
It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.
I also do not understand what you mean by the $1,000...Read more »
The short answer (and my legal advice) is to follow the correct advice given to you by the attorney probating your mother's estate because the estate attorney will fight you in court over this issue--using your mother's money.
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