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Questions Answered by David M. Goldman
2 Answers | Asked in Estate Planning for Florida on
Q: Does property in Florida held jointly by husband and wife pass to the survivor when one dies
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answered on May 2, 2013

Typically jointly held property by a Husband and Wife is considered TBE or Tenants by the entireties. As such the property automatically passes to the spouse when one dies without the need for a deed change or probate. If you sell the property a death certificate will be needed.

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2 Answers | Asked in Estate Planning for Florida on
Q: Can you be out of state as executor,administrator, or court appointed with more than one next of kin?
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answered on May 2, 2013

A PR can be related by blood, or the spouse of certain family members or an instate resident. If you are not related or married to someone who is related and live out of Florida, you cannot be a PR in a Florida Probate case

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1 Answer | Asked in Estate Planning for Florida on
Q: My live in partner has left the premises due to domestic violence on her part. she is on the deed. is quit deed the ans?

If she refuses how should i file a suit?

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answered on Jan 31, 2012

More information is needed to determine what rights you have. Your partner may not be able to live at the address because of a court order, but that may not change their rights to ownership which contained in the language in the deed. You should contact a lawyer in your area that deals with... View More

1 Answer | Asked in Estate Planning for Florida on
Q: My mother of 70years wants to leave her home to my daghter who is 13 can she do this without probate problems
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answered on Jan 31, 2012

Most likely she can. More would have to be know about how your mother owns and who she owns the property with. There are several ways to do this including using a revocable trust, joint tenancy deed, enhanced life estate deed among others. Which makes the most sense depends on the specifics of... View More

1 Answer | Asked in Estate Planning for Florida on
Q: If I made my own last will and testament using a software program. Is the same consider legal in the state of Florida?
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answered on Nov 3, 2011

As long as you comply with the statute of wills, a will created by an individual should be honored by the court. There are many issues to be concerned about.

1) does the will do what you think it does.

2) was the document executed properly.

3) are you competent under the law...
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2 Answers | Asked in Estate Planning for Florida on
Q: After death does a will have to be registered, if so with whom?
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answered on Nov 3, 2011

While a will is suppose to be recorded within 10 days of death, there is actually no penalty for not doing so unless someone complains about it and you fail to record it. In Florida you cannot record a will before death like some states allow. The person who is responsible for recording the will... View More

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2 Answers | Asked in Criminal Law for Florida on
Q: What is a 2 degree misdemoner?
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answered on Feb 10, 2011

not more than 60 days in prison and not more than $500 in fines

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1 Answer | Asked in Family Law for Florida on
Q: If I have guardianship case # how can I obtain a copy of the file. That is, what court/clerks office in Miami-Dade Coun

I need to know which court location I have to go to to obtain a copy of a guardianship file. also if I We are not a party to the guardianship case do we need a cort order to get a copy of the file. The person involved in the case is an alleged victim of a crime. I work for a lawyer who... View More

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answered on Feb 10, 2011

It depends on what part of the file you want to look at. Each guardianship case has some items which are confidential. Your lawyer should be able to obtain a copy for you

1 Answer | Asked in Estate Planning for Florida on
Q: What are my rights?

I have equal power of attorney along with my sister in my mother's Will which was changed in 1997. My mother trusting my sister was doing right was coerced into signing a highly engineered Will which is dramatically different than the one my mother made out herself in 1994. My sister in... View More

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answered on Feb 10, 2011

The situation you describe is similar to one we run across on a regular basis. It is hard to say whether you have grounds for a lawsuit without reviewing the specific facts, but from what you describe it sounds like you sister has interfered with an expectancy. If this happened, then you might... View More

2 Answers | Asked in Estate Planning for Florida on
Q: Can TOD accounts be distributed immediately to a beneficiary, or is there a waiting period?
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answered on Feb 10, 2011

Generally a co-owner or beneficiary designation is payable upon death and a bank typically only requires a death certificate. If their contract states otherwise, they will let you know at that time.

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