My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »
You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »
What are usual odds for this that Plaintiff drops case since it cant collect ever anyway?
They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove... Read more »
My assignment is to write a 6 page paper on what charges i can file and why against a company for holding a woman for an hour accusing her of theft and telling her if she leaves, she will go to jail. I understand that can be stressful and its a little excessive to be held for an hour, but I... Read more »
I would encourage you to start with False Imprisonment and then see how you can tie this into a civil action. See below;
Elements of a False Imprisonment Claim
All states have false imprisonment laws to protect against unlawful confinement. To prove a false imprisonment claim as a... Read more »
We had a virtual walkthrough on Tuesday, and they sent an inspector to view the outside of the house yesterday, sending their offer last night via email. I'm skeptical, as I feel the offer was a good one. I have signed nothing, and accepted nothing so far. What are my caveats?
Contracts are entirely negotiable on who does what or pays what and so forth, you need to have the document reviewed. Also, those contracts often have assignment clauses to third parties and other provisions you may not like or want to deal with and therefore you should read all sections of the... Read more »
I have heard $7,000 and also $10,000.
It is not the $7,000 or $10,000, it is the application of the Florida Statutes and rules related to probate. The initial Sum could be over the $10,000 until you apply all of the below and you would still qualify. You could have $20,000 of exempt property in still qualify and even have two... Read more »
My father owned nothing in Florida except debt when he died. He had debts to at least a credit card, a mattress company, a car loan, and apparently a sizable sum to the IRS.
He had around $900 in his checking account.
Is it in anyway wise to hire an attorney in Florida, or should I... Read more »
Very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this difficult time. The location/s of probate will depend, one probate will be likely be required in his state of domicile, if he lived and had his home in Florida then that would be... Read more »
Will names personal rep. Rep was told property gets split among hiers, as if there was no will?
In Florida, the Executor is referred to as a Personal Representative (PR) and the Florida Court's will require an attorney in most all instances to represent the PR and file probate. The PR does not determine Homestead status of real property, it is a determination made by the court based on a... Read more »
I need clarification, this site is called ask a lawyer, not ask google, what are you hiding or is that a part of the b.a.r (secret)?
BAR- An organization of lawyers established to promote professional competence, enforce standards of ethical conduct, and encourage a spirit of public service among members of the legal profession.
The Florida Bar is the integrated bar association for the state of Florida. It is the third... Read more »
The lawyer has made no other efforts to locate any assets. Should he be doing more? I feel a little uneasy about the whole process. Especially if he does not locate the assets, what exactly am I paying him for?
The Florida Probate Attorney is there to help and guide, the main job is to get you named as the Personal Representative (PR) of the estate so that you can seek out assets via the Will, mail, personal records and files in deceased person's home and so forth. While the attorney can assist and... Read more »
You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets.... Read more »
The enhanced life estate deed would be the better option, homestead is a protected asset in Florida and as it relates to Medicaid, with enhanced life estate deed your parents would retain their homestead interests and protections. If you did a quit claim deed, you would run afoul of Medicaid... Read more »
Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the... Read more »
You will need to get a copy of the Trust documents and make sure they get reviewed by a Florida Estate Planning/Probate Attorney if this is in Florida. The documents should be very clear on when you can access the Trust monies and how and for what purposes, it should also address what fees are to... Read more »
I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »
You will need to review the current deed of the property to see precisely how the property is held, this will be your starting point. It is likely that some version of probate may be required and a petition to determine homestead status of real property as well. The prenuptial agreement will also... Read more »
We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.
Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the... Read more »
i payed bills & rent to her most things in home are mine what do i do she was on SSI i am on SSA
Very sorry for your loss and the passing of your mom, please accept my condolences and sympathy at this difficult time. You are going to need to speak with a Florida Probate Attorney, based on the type of assets and their overall value will determine the type of probate that is ultimately needed... Read more »
My sister is in a nursing home in Pensacola, FL. They advised me to seek guardianship or POA. What are the differences and limitations or each? I live in Maryland.
You may find this list helpful as a reference possibly and for guidance.
Power of Attorney v. Guardianship
The POA agent (appointed person) is chosen by the principal (the one who appoints authority or giving POA) The guardian (appointed person) is chosen by the court.
Less... Read more »
If your sister has mental capacity and is able to understand and comprehend then you can accomplish what you need with a Florida Estate Planning Attorney drafting a Florida Durable Power of Attorney, if you sister is unable to comprehend things and is lacking mental capacity then you will need to... Read more »
of my estate? I have completed a FL Revocable Living Trust, a Durable Power of Attorney for Health Care, a FL Durable Power of Attorney appointing my brother as trustee. Brother is on all bank accounts. My house is in a Revocable Living Trust. Just don't want to burden my out-of-state brother.
Your brother is already listed on all or almost all of your accounts as well as your other estate planning documents, at minimal he could easily serve as the Trustee related to your Revocable Trust and it should not be that demanding or difficult, worst case scenario he can decline to serve at the... Read more »
Brother passed last month , he resided in a house owned by our mother . He paid rent to her every month . The house was furnished when he moved in . Now his children want everything in the house . I told them they are entitled to anything solely in his name which includes a boat , and motorcycles .... Read more »
Very sorry for your loss and the passing of your brother, please accept my condolences at this difficult time for you and your family. If your brother did not have an ownership interest in the home (on the deed), then the property still belongs to your mother, on a side note, she should likely do... Read more »
My husband recently passed and our home was in his name only. He has a son from a prior marriage, which is already looking for his half of our estate. I put down $10,000 from MY pension on our home and still owe over half of the mortgage. Am I required to give 50% of my home to my husband's... Read more »
I am very sorry for your loss on the passing of your husband, please accept my sympathy and condolences for you and your family. The answer to your question is that it depends. You as a surviving spouse have substantial rights as it relates to Florida Homestead Property and spousal rights as it... Read more »
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