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
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.
The 2011 transfer doc states "Grantor does hereby convey and transfer unto the Grantee, heirs and assigns, the following described property.....". The original trust was created for my father and his decendants. It was controlled by a trustee, as he had many issues. We benefited... View More
answered on Apr 8, 2022
Who is listed as the Grantee?
If it was the Trust then it was probably settled in the agreement and you have no interest.
I am specifically talking about recording audio with his cellphone when we meet IN PERSON every time we pick up and drop off our child. We live in Florida and my ex husband has openly admitted that he records the shared custody pick up and drop off conversations without my knowledge or consent and... View More
answered on Apr 4, 2022
Do you use Talking parents or similar program where the conversations are monitored and recorded with prior consent by itself as a condition if you use it.
If not then each time you have a phone conversation both parties must consent unless specifically agreed to in the Parenting Agreement... View More
answered on Mar 31, 2022
There's no "legal separation" requirement before either party can file.
The parents can work out an agreement
regarding division of property and a parenting plan before filing which is in the best interest of your children.
Contact an attorney for further... View More
My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... View More
answered on Mar 28, 2022
A Family or Real Estate experienced in partition litigation.
Alot depends if you had a Marital Settlement Agreement addressing the marital home.
Generally speaking either can force the sale via a partition action with the net proceeds being evenly divided.However, if your ex wife... View More
My father and mother passed away 2 years ago dad bought a home with va loan with intention of the house being mine before he could get mortgage insurance or add me to deed he passed suddenly. I have been paying mortgage payments since as the mortgage company told my brother to have me do. Now they... View More
answered on Feb 24, 2022
Short answer is yes.
Did your father have a will? Did he have a spouse at time of death?
If not then he died intestate and the property will go to you and your siblings. Your siblings can agree in writing to give you the property
You'll need an attorney for the probate process
answered on Feb 19, 2022
It depends on the type and value of the probate assets.
If the assets had placed in a trust there would no need to have an estate and with planning would be avoided e.g., Life Insurance passed directly to the named beneficiary (ies).
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