Request that all your estate planning documents be returned to you and make sure you have another estate planning attorney review everything with you to make sure it is as you want it to be with respect to your Trust, Will, Living Will, Power of Attorney, Florida Healthcare Surrogate, Nomination of... View More

I am very sorry for your loss, please accept my condolences for you and your family. While a probate attorney would need to review the documents and a probate may potentially need to be done in NJ and or Florida, the Florida Property initially seems relatively straight forward from what you have... View More

I am sorry for your loss, please accept my condolences for you and your family. The answer to your question is that it depends on a number of factors still, was there a notice to creditors done yet in the newspaper, was there a Will, is the property Homestead, has a petition to determine homestead... View More

I would advise not undertaking this action as we always see the negative outcome of prematurely transferring property to children, the properties are exposed to their debts and creditors, and you will lose your ability to control and decide what happens to those assets potentially and collecting... View More

I am sorry for your loss and the passing of your mom, please accept my condolences for you and your family. You will need to speak with and work with a probate attorney, they will need to review the deed, Will and any Trust, much depends on how the property was precisely titled at your mom's... View More

If your name was never added to the property, then this is likely a probate matter and a probate will need to be done to get you added to the property (have it legally conveyed to you via the probate court), some law offices will work with you and let you pay some or most of their fees via the sale... View More

It depends upon what happened upon the passing of the spouse and what the deed says. It also depends on what was done with deed when the son was added. The deed needs to be reviewed and or a probate potentially done. When the son was added to the deed in 2014 will be important, was it equal 1/3... View More

You will need to have the deed and Will reviewed and you possibly will need to have a probate done for your wife if the deed is not clear on ownership interests upon her passing. Depending on the circumstances, you may be able to recoup come of your costs and expenses as part of the eventual sale.... View More

I am very sorry for your loss of your mother and please accept my condolences for you and your family. Generally, based on the value of these assets and any other assets that will need to be probated and sought you will have to open some version of probate. In this instance I would think that a... View More

The documents related to any power of attorney, waivers, inheritance rights, probate or any documents you are being pressured to sign should no doubt be avoided and not signed without the help and review of your own legal counsel, power of attorney and inheritance should have nothing to do with one... View More

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family and dad at this difficult and sad time. You will need to have an attorney review the deed, in addition, if your mom is the only person on the deed, with no rights of survivorship for your... View More

I am very sorry for your loss on the passing of your wife, please accept my condolences for you and your family at this sad and difficult time. The Deed needs to be reviewed, but if you have added your son to the deed and he is now an equal owner of the property you are stuck with him, adding... View More

You will be able to accomplish all of your estate planning needs with a Florida Estate Planning Attorney via and Will and or Revocable Trust that will be recognized and honored in both states. Special rules may apply in both or either state if a surviving spouse exists, but your estate planning... View More

I am very sorry for your loss and please accept my condolences for you and your family. Some version of probate is likely going to be required, you could try and check into Disposition of Property Without Administration and see if you qualify and you can handle it under the applicable... View More

While an estate planning and probate attorney will need to review the trust for a more precise and correct answer based on the actual terms of the trust, the general answer to your questions is that it should not be a problem as long as the terms of the trust are being followed and addressed. In... View More

There should be a notice of trust submitted in the county where the deceased lived (if they are deceased), you as beneficiary are entitled to a copy of the rust and you are entitled to regular accountings and various other rights you have and the trustee has obligations to do ongoing. You should... View More

This is a Florida Probate Matter, you will need to get a Florida Probate Attorney to pursue some version of probate in Florida, if a probate was already done in another state previously, an ancillary probate will be required in Florida for the property. A copy of the deed will also be helpful to... View More

I am sorry for your loss of your brother, please accept my condolences. You will have to reopen probate and then you will be able to address this via the probate court. The fee to reopen probate is minimal.

If it is your Homestead property, then the answer is NO. If ti is some other property, issues and problems are likely to arise if they get a judgment, the Florida Constitution protects Homestead property from most creditor claims, such as credit cards, car loans and numerous others.

You would need to have a Florida Probate Attorney review the documents you have mentioned so that they can see what is precisely being stated and requested and under what circumstances, any time you are being asked to sign any sort of a waiver by the estate/probate attorney and or Personal... View More