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I have been married for 7 years and likely filing for divorce. We have a 3 year old. My wife has not worked during this entire time. I handle all finances, though we keep separate accounts. I owned significant financial assets prior to the marriage (retired shortly prior) and have since actively... View More 
answered on Oct 9, 2024
Did you have prenuptial agreement?
After you sold the property that you owned prior to the marriage,did you deposit the funds in a joint account or an account you had prior to the marriage ?
You can claim a Special Equity but if the purchase of the real estate property or properties... View More
answered on Feb 10, 2024
Assuming it’s a Florida probate of a Will the creditor would have to file a claim against the estate and the spouse is not responsible for the decedents credit card debt. If the estate files a timely Obligation to the Claim & serves a Notice to Creditors with that objection then the creditor... View More
I am trying to transfer and register the car over to myself. I would like to know how I go about that.
answered on Nov 24, 2023
I’m sorry for your loss
The Power of attorney is no longer in effect upon your Father’s death
However, if he left a Tangible personal property list giving you the car or bequeath the car to you in his will you can get the car titled in you name
A Tag agency with that... View More
My mother passed away recently. There were 2 children/beneficiaries. The other one is making my life a living hell and causing as much trouble as possible with the house and car - complicating every aspect of the probate process and trying to take everything. The house is exempt because it is a... View More
answered on Nov 4, 2023
Normally those assets would pass to joint account survivor or the names beneficiaries in the POD & TOD accounts or beneficiaries named in a life insurance product.
However, if Carpenter factors are alleged e.g., undue influence or violation of a position of trust or the grantor had... View More
answered on Oct 22, 2023
Have you filed a Motion For Modification of child support based on the current time sharing arrangements?
The date of filing the motion is the date the modification would be retroactive after a hearing or modification agreement though if reached through agreement can vary.
Best... View More
The funding is described as: "all that tangible and intangible personal property owned by (the Grantor) not requiring legal evidence of ownership." What exactly does this mean? I understand it would exclude real estate or vehicles requiring deed or title. Would it include membership in an... View More
answered on Jun 26, 2023
Is there real estate ? If the house or condo, or an empty lot(s) were transferred to the Trust it would be a Titled document and listed as assets transferred to the Trust. Tangible personal property is Not a "Titled" asset nor bank accounts (which are intangibles).You can check online... View More
We all live in Florida. She is asking my husband for his SSN, birth certificate, and driver's license to add him to her will. When he asked her why she needed it, she replied that the lawyer asked for it. She has a tiny estate. Is personal identifying documentation required from your... View More
answered on May 18, 2023
The attorney maybe using a program asking for that information regarding all beneficiaries however the age of the beneficiary if 25 or under would be useful if the bequest should be held in trust or a bank account to be distributed at 25 or even later up to 35
I don’t think it is... View More
I have been paying 800 per month for three years and she won't sign the papers. Our divorce is uncontested and we have agreed on all of our own terms. Nothing legally has been filed. Can I stop paying my support payments to encourage her to sign?
answered on Mar 8, 2023
Although not Court Ordered
you should continue.
See an attorney as soon as possible and get him or her your tax returns last 3,years pay records & mandatory disclosure documents & her financials if you have them to determine child support.Did you & your wife sign a... View More
I am a signer, but have no ownership rights. Also they are asking for his personal accounts, which I am not on either. I do not have any bank accounts at this time. My minor children have savings accounts. Please help me
answered on Mar 6, 2023
Has your former husband filed a Supplemental Petition For Modification?
Have you been served?
Was there a Marital Settlement Agreement ?
Note Child Support is always modifiable as long as the child has not reached the age of 18 or 19expected to graduate High School by age 19... View 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.... View More
answered on Jan 13, 2023
You’re probably better off hiring your own attorney with probate litigation experience.
Was the house sold & closed?
Was the proceeds deposited in an Estate account?
What written communication was sent to your sibling?
Any petitions filed and pending?... View More
Or do I need to go to Puerto Rico
answered on Nov 7, 2023
Where did you live last as husband & wife?
That would be a venue issue if your wife raises an objection
As long as you lived I assume Flo for at least last 6 months to you can file for a dissolution of marriage here in Florida.
Although Puerto Rico is not a state it’s a territory of the USA .
My husband and I separated (no divorced) for almost a year last year. He started a relationship with a woman that lasted a few months. After talking and trying to solve our differences, my husband and I decided to get back together and restore the family we once were with our four children. We are... View More
answered on Jun 26, 2023
Your husband can file for a Domestic violence complaint after reporting it to the local police department. Apparently she 's attempting to extort money from him and that would be a crime if the police will pursue it. There is no Florida action against her by you for alienation of affections as... View More
Or can one owner put house in irrevocable trust ?? With out consent ?? How does that work ?? Is it possible??
answered on Apr 12, 2023
It depends , is it Tenants in Common or Tenants in Common with Rights of Survivorship or on a Lady Bird Deed as remainder men interest
You should seek advice from a real estate attorney
We were married for 18 years and have 2 daughters, I didn’t receive any alimony and I had no legal representation. He wrote the divorce settlement himself and hired a mediator that I never met.
Reopen due to:
*FRAUD
*I SIGNED UNDER DURESS
*PERJURY
*HID... View More
answered on Mar 25, 2023
You list grounds but do specifically state facts to support allegations
Was there financial disclosure I.e.,Mandatory Disclosure? Financial Affidavits? Tax returns? Earnings statements ,1099s etc.
Have you seen an attorney to review your divorce settlement?Why did you wait... View More
what if its a wells fargo bank account and she had a wells fargo credit card?
answered on Mar 14, 2023
The funds are yours as the joint account holder.
If you did not sign a guarantee or use her credit card the creditors has no claim against you.
My wife and I want to move with our toddler. He loves grandma and grandpa but they are extremely toxic. Can they legally keep us stuck in state? (FL)
answered on Apr 25, 2022
I have litigated this issue years ago and the answer is still the same the grandparents don't have standing.
Relocation issues only involve the parents
My mother passed away in 2021. She made a Will and left my brother and me with everything. She was married before she died. Her husband is living in the home that they lived in before she died. Does the Will takes precedent over everthing?
answered on Apr 11, 2022
Was the house purchased by her before she married and whose name is on it?
Did she change the title?
I don’t receive alimony instead I receive 3k a month which is classified as equitable distribution what can I do ?
answered on Apr 10, 2022
Since the payments are not alimony or child support and classified as equitable distribution the enforcement doesn't include possible jail time.
It's a breach of contract action per your Marital Settlement Agreement which may include attorney fees and costs to the prevailing... View More
got sick she then changed the will Michael never got a signed copy of his will she then had it redone to leave everything to her a month before he died
answered on Apr 8, 2022
There are several grounds for a Will contest, undue influence,mental incapacity and the Carpenter case factors.
I suggest you see a probate litigation attorney such as myself.
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