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Florida Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Gifts were given to my husband and myself on birthday days or holidays. Now I was told that they want them back.

One was a gun a dog various either itemd

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2022

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 »

1 Answer | Asked in Divorce and Estate Planning for Florida on
Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount

We can't make it on our current income with food and gas prices rising we have no children or property

Michael Ferrin
Michael Ferrin
answered on Nov 26, 2022

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 »

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Mother passed away in Florida - the only asset to be managed is a single check for $7969.64 made out to her estate.

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 »

Jose Ignacio Leon
Jose Ignacio Leon PRO label
answered on Nov 18, 2022

Generally speaking, you're right in thinking your first and best step is to talk to the trustee of the trust.

Depending on the language of the Trust there might be a fair amount of flexibility in how they can issue the distribution checks.

Additionally, in most trusts there is...
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2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Can a Quit Claim Deed be filed on a home that is still under Mortgage with Lender?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 14, 2022

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.

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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Am I entitled to my my deceased mothers half of a house jointly owned by her and her living husband?

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 »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2022

You need to retain an attorney now. This is not something that you should try yourself.

1 Answer | Asked in Estate Planning, Real Estate Law and Civil Litigation for Florida on
Q: 2bedroom condo bought 1973. G-ma (owner) died in 2000. Court “distributes” to daughters. Default ownership type in FL?

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 »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 25, 2022

If this is not an essay question on a college undergraduate or law school exam, it should be.

If it is a (really complicated) real-life situation, get off the Internet and call a probate lawyer in the town where the property is located.

1 Answer | Asked in Foreclosure, Estate Planning, Probate and Real Estate Law for Florida on
Q: As a personal rep in FL am I able to sell a homestead property with a reverse mortgage if one of the heirs lives oversea

And is unable to be found( presumed dead) and the other also lives overseas but refuses to sign any documents?

Sherri B. Simpson
Sherri B. Simpson
answered on Oct 25, 2022

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 »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can parents will/give a house to adult child when there is still a mortgage?

Can the mortgage and all paperwork be left as is until both parents are deceased? At that point, can the mortgage be paid off and everything changed over as long as it is amended to the will to do so?

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 8, 2022

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 »

2 Answers | Asked in Estate Planning, Real Estate Law and Elder Law for Florida on
Q: Can a quit claim deed be both a joint tenancy with survivorship rights and an enhanced life estate?

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 »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.

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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: How can a judge let my deceased brother wife have everything after my uncle was trustie and now she is and not notify

Any beneficiary of the will. What is the first step I need to do because I don't agree with this and I'm the next hier in will.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 5, 2022

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 »

1 Answer | Asked in Estate Planning for Florida on
Q: Can I evoke a quit claim. I filed it for my home to my partner and we are seperating
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 27, 2022

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 »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 15, 2022

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 »

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1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Florida on
Q: My mother has cancer. We are in Florida. The Mortgage for my house is in my step fathers name. The title is in my name

and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, how can the next of Kin obtain the authority to get bank account balance of deceased dad released to her?

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 »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 23, 2022

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.

EVERYTHING the...
Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: If I leave a contingent bequest in my will/trust, does the beneficiary then become the executor?

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 »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 20, 2022

It sure wouldn't be a bad idea. And notify them of your new will, otherwise if your son doesn't survive you, the animal rescue organization might otherwise never know about it.

1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

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 »

1 Answer | Asked in Contracts and Estate Planning for Florida on
Q: Which power of attorney do I need

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

Charles M.  Baron
Charles M. Baron
answered on Aug 17, 2022

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 »

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Florida on
Q: Wy wife recently died. She had several credit cards in her name. Am I responsible for these bills?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

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 »

2 Answers | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Is there a way to sell or gift an inherited house to my daughter then sell it.

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 »

Michael A. Anidjar
Michael A. Anidjar
answered on Aug 14, 2022

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 »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

The agreement between us was that her house would be use to pay the bulk of the note. When she died we were advised by the estate attorney that the Florida Homestead law would prevent... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 4, 2022

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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