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answered on Mar 17, 2014
You would have to look at your condo docs to determine this
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answered on Mar 17, 2014
An adult child has no rights to their mothers personal belongings. That is they can be disinherited but if the mother does not have a will, the will have a right to the personal property upon her death.
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answered on Mar 17, 2014
If she inherited 1/5, then she would be free to devise her 1/5 to whom she wanted. The only exception is if the property was inherited with rights of survivorship, then the kids would not, unless mom created a new deed for her portion which broke the rights of survivorship. Your mother should... View More 
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answered on Mar 17, 2014
The new spouse, who is a surviving spouse, is entitled to 1/3 of the assets which are subject to the elective share, if the new spouse makes a timely election to take an elective share. The elective share assets are not the same as probate assets and is a complicated calculation so it would be... View More
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answered on Mar 17, 2014
You can, but the home may not be a probate asset. You should look to see if it was determined to be homestead, if so, the home is not a probate assets. If the home was determined not to be probate the home can be rented by the PR.
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answered on May 2, 2013
NO only two witnesses are required. It is a good idea to get a self proving affidavit which will be signed by the person creating the will, the two witnesses and a notary. Having this can make thing easier with getting a will admitted into court.
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answered on May 2, 2013
You do not need a power of attorney, but it would probably be a good idea to get a durable power of attorney. In addition, you might talk with someone about getting a designation of healthcare surrogate, HIPAA release, living will, and a designation of preened guardianship.
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answered on May 2, 2013
If the home was the decedents Florida homestead then the surviving spouse will be entitled to 50% or more of the home depending on various other circumstances. These issues are discussed in the probate handbook that we make available through this link https://kc134.infusionsoft.com/app/form/probate
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answered on May 2, 2013
Obtaining custody for an adult even one with special needs is not the same as for a minor child. You will need to establish a guardianship. This is a court supervised process where a person is determined to not have the capability to make certain decisions on their own. The court will award a... View More
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answered on May 2, 2013
This is a probably a foreclosure question not for estate planning. Many of the foreclosure cases that are being set are having to be reset. It is time to visit with a foreclosure defense lawyer to discuss your case and options before it is to late.
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answered on May 2, 2013
You should bring the names and address of family members, and a summary of your the types of assets you have, their proximate value and know how they are titled. We have a sample along with a probate handbook that you can request on our website by visiting the following link... View More
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answered on May 2, 2013
You should re post this question in real estate instead of estate planning.
And avoid probate for survivor and later benificiaries
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answered on May 2, 2013
You can use a form of a life estate deed. But if you already purchased it, you might consider using a trust to avoid having to pay document stamp taxes again on the amount of the mortgage.
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answered on May 2, 2013
There are several issues that need to be examined to give you an answer: what his estate is worth, the type of assets that are in the box, and if you inherit them testamentary (after his death), the sate he lives in, the state you live in,
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answered on May 2, 2013
Yes most of the time in Florida it is common for a lawyer to witness or notarize a will that is prepared by his office.
An exception might be if the lawyer is also named as a beneficiary in the will which is frowned upon by the Florida bar. To be named in a will that you prepare, you must... View More
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answered on May 2, 2013
Joint tenants with rights of survivorship is not subject to the terms of a will in Florida. rights of survivorship is presumed in Florida unless something else is stated.
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answered on May 2, 2013
Yes but joinly owned assets would not be affected. In addition, the wife, if she survived him would be eligible to file an elective share against his elective estate. This is different than a probate estate and she could elect to receive 1/3 of his elective estate if a timely election was filed... View More
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answered on May 2, 2013
I am assuming that he passed away because you posted this in Estate Planning. If he has passed away you would be entitle to all of the 401K unless you signed a prenuptial agreement or signed a beneficiary change designation.
If you are getting a divorce, you are generally entitle dot have... View More
I live in Florida.
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answered on May 2, 2013
No a firearms trust or Gun Trust does not have to be registered with the state while you are alive, but a notice of trust must be filed upon your death.
For more information on Gun Trusts see http://www.guntrustlawyer.com
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answered on May 2, 2013
You use to be able to record wills prior to your death in Florida but this is no longer permitted.
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