answered on Jun 1, 2023
You generally do not or can not because as you have stated, you have gifted it to them and put the title/transferred it into their name, this completes the transfer and gift. Your only hope would be some type of civil action with a civil litigation attorney related to some sort of misunderstanding,... Read more »
from me. I put her on deed and now she is not adhering to our agreement. She says she can do whatever she wants, it's hers. Help.
answered on May 19, 2023
Adding anyone to a Deed is always a potential dangerous change that is not advised, this is the far too common result. You will need to have the deed and circumstances reviewed, but based on what the deed states, your daughter is likely a partial or full owner of the property based on what you... Read more »
No single account more than $10,000. Cumulative is about $13,000.
answered on May 10, 2023
It is likely that you will need a Florida Probate Attorney in order to file a Summary Administration Probate, if tends to be faster and more efficient than having to do Formal Probate that really likely would not apply to your circumstances. If so motivated, you may want to check with the clerk of... Read more »
The only items there are are the homestead property, 1 primary vehicle and the furnishings of the house which are certainly less than $20k in value. I am only just trying to sell the house, not interested in keeping it.
answered on May 9, 2023
I am sorry for your loss and please accept my condolences. While you need to speak with a Florida Probate Attorney and provide additional details, the answer to your question is that you will need some version of probate if the property did not pass via the deed (rights of survivorship, enhanced... Read more »
Can I, being his niece, fly to Florida with his death certificate and authorization to represent the surviving family, be able to have his assets transferred? Do I need to get a probate lawyer? I know of most of his assets, none including real estate. He had recently sold his house in Coconut... Read more »
answered on May 9, 2023
I am very sorry for your loss on the passing of your uncle, please accept my condolences for you and your family at this sad and difficult time. You will need to speak with a Florida Probate Attorney, if there is no Will or Trust, then the Florida Intestate Statutes will apply (without a Will). The... Read more »
I have applied for an LLC same name just not plural and was rejected. The notice said they have one year and it looks like their time was up to be revoked 5/1/2022. Due to no filings what can I do
answered on May 4, 2023
The general and applicable rule is as follows: The State of Florida Administratively Dissolved Businesses will be designated with an “INACT/UA” code and will then be held for a term/time period of one (1) year from the date of dissolution or revocation. Any names that are listed by the... Read more »
a home and both of our names are on the deed and mortgages. He has become increasingly more emotionally, verbally, and mentally abusive so I am trying to move out but I have nowhere to go. I have invested thousands of dollars in this home and I cannot financially afford to live on my own without... Read more »
answered on May 3, 2023
While the action you would have to pursue is a Partition Action, which will cost both of you substantial legal fees most likely, I would advise impressing this upon him and reaching some reasonable refinance, buyout or similar resolution without having to resort to litigation for Partition. If this... Read more »
My wife, a resident of Kansas City, Missouri passed while owning property in Marianna, Florida.
The property appraiser's website reflects her property has a market value of $1,665. My wife had $20,000 in a Trust Account. My wife could not have children and does not have any other... Read more »
answered on Apr 27, 2023
I am very sorry for your loss on the passing of your wife, please accept my condolences for you and your family. I would encourage you to check the deed of the property, based on how the property is held, you may be able to just record a death certificate if you had/have rights of survivorship. If... Read more »
answered on Apr 18, 2023
Generally yes, but if you have moved to and now reside in Florida, you should go speak with a Florida Estate Planning/Probate Attorney because there are a lot of Florida Estate Planning issues that you will want to specifically look at, update and address with respect to Homestead, rights of a... Read 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
You would want and need to have the property deed reviewed to see precisely how the property is held, based on this, will determine what can be done with the property and how it will be handled and held. Generally, if it is a Tenants in Common, that means they own 50% and they can potentially do as... Read more »
answered on Apr 11, 2023
Having an LLC in a Trust is a bad idea for starters, now all the assets in Trust are also exposed to any liability that arises related to the LLC. Also, renting your home to Your LLC is also a terrible idea, now your home and LLC and entire trust are exposed to potential liability and you may have... Read more »
answered on Apr 6, 2023
You should request a copy of any Will and or Trust and you should speak with a probate attorney before signing and waiving anything. If you have concerns (you mention challenge a Will), you should not be signing anything without counsel of your own probate attorney. The estate attorney works for... Read more »
Do anything about that she's taken everything and acts like we don't know each other.. numerous property's, antique car collection plus....
answered on Mar 23, 2023
I am very sorry for your loss on the passing of your dad, please accept my condolences and sympathy for you and your family at this sad and difficult time. Generally, much depends on whether there was a Will/Trust, was there a pre or post-nuptial agreement and furthermore, how were accounts and... Read more »
What exactly does that mean? Does the son really inherit anything?
answered on Mar 21, 2023
While a review of the estate planning documents/will is needed and necessary, it generally is telling you this; if the spouse dies first then the son can take that designated portion, it is an alternative backup option in the event the spouse dies first. The son only inherits if the spouse is... Read more »
To me. The other grandchildren are trying to protest the Will, saying they deserve something too. Can they? Am I considered my grandparents child since they had custody/guardianship over me thru the courts?
answered on Mar 17, 2023
If there is a legal and valid Will that rules the day, whatever they left you in a legal Will is indeed yours, they can try to fight it and make claims, but it is likely a long losing shot on their part unless there was some sort of undue influence or such that can be proven related to the drafting... Read more »
I know the deceased relative and my sister and I are his only living heirs. This firm wants to handle his estate and has already sent me a document to sign allowing them permission to do so with all work done on a contingency basis. This firm has a good reputation online. Should I sign it or... Read more »
answered on Mar 17, 2023
You should take it to a trusted attorney from the state where this is located. These companies that do it on contingency usually want a hefty percentage and or get you to sign over all sorts of rights and sums. It also depends on what they are promising, if it is unclaimed monies turned over to the... Read more »
answered on Mar 16, 2023
I am sorry for your loss on the passing of your father-in-law, please accept my sympathy and condolences. Generally, any assets in the name of the deceased will need some version of probate usually, you will need to speak with a Florida Probate Attorney if this is in Florida. With vehicles you will... Read more »
Brothers atty ready to disburse each 15 acres to heirs. Brother refuses to distribute to siblings What to do.
answered on Mar 13, 2023
This matter should and usually is handled via the probate, if it cannot be handled or was not handled in probate then you are potentially stuck with a Partition action, you should try to reach agreement because partition can be costly, best to find resolution amongst yourselves via probate and... Read more »
His spouse is still living in the home. I am giving her time to move but need assistance with what to do with the deed once she is gone.
answered on Mar 11, 2023
Unless a pre-nuptial or post-nuptial agreement or some sort of homestead waiver was signed by the spouse, the spouse will usually have substantial rights and claims to an estate no matter what a Will/Trust or otherwise is written in many instances (so be aware of this potential reality). In order... Read more »
If someone has an irrevocable Trust for their home that is paid off, can that person sign over a quick claim deed on their home to a different person? My mother in law passed away last year. She has a Trust that gives the house to her 3 children. However in 2020, one of her grandchildren had... Read more »
answered on Feb 28, 2023
A Quit Claim Deed rules the day and wins out. You will need to have any deeds as well as the Trust reviewed by a Florida Estate Planning/Probate/Real Estate Attorney. Generally, if the Deed has been transferred and named the Trust, then it is a Trust asset (owned by Trust), if the property was... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
