I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »
I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your...Read more »
Adding a person/here your daughter to the property can indeed expose the property to any creditors and or judgments that your daughter may owe. In addition, if this is your Homestead, there is real potential that it could impact Homestead Protections as well as Exemptions. Furthermore, if there is...Read more »
My grandmother is unsure if she should create a will or a living trust. Her primary concern is ensuring that I inherit the property which is paid off completely however, another concern we are having is, if the home will be used to pay off any outstanding debt, such as credit cards if so, how can... Read more »
If a property is Homestead Property, creditors such as credit card companies and other lenders will not be able to force the sale of the property, the Homestead Property if handled properly is protected. Any debts not directly attached to the home (like for instance mortgage loan, equity line, work...Read more »
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and you family at this sad and difficult time. No, that will not work, you will want and need to get a copy of the deed, if your mom's name alone is on the deed the property will need to be probated,...Read more »
One sibling verbally states they want nothing to do with the house but refuses to sign anything, has blocked me from messenger and Facebook and hangs the phone up when called by current lawyer. Unable to get answers from current lawyer, house has been in probate since 2018 and was sold 1 year ago.... Read more »
You can try to get them to sign a waiver by mailing it to them, if they are and continue to be unresponsive, then petition the court for discharge and closure of the estate and pursue petitioning the court at the same time or advance to deposit their share into the court registry.
the clerks office in 9/2013 and he put his property in my name prior to open heart surgery after he i quit claimed his property back to him in 7/2015. We loaned him 70 k in 4/2013 to buy ex wife out of divorce he took a reverse mortgage on his property to pay us back. he passed away in 2022 now... Read more »
Yes, if they are motivated to try to fight this and make this messy it is possible that they can try to fight this based on claims of undue influence and or similar claims. I am not sure how much luck they will have for a few reasons, there is a divorce which ends the relationship related to the...Read more »
My sister is not providing me with any information about my recently deceased mothers home sale which is supposed to be split between 3 siblings, including myself. She recently asked for money for taxes and insurance so the closing would go through. When i asked her for copy of will, PA agreement,... Read more »
I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time. A copy of the will should be provided to any beneficiary interested party, if not, Florida Statute requires that it be filed with the clerk of the court...Read more »
The answer to that is no, you need to get the probate court orders and or have the probate attorney or another attorney follow-up with a letter on your behalf, you should not be paying or be obligated to pay anything.
No, while you can create a Will with your wishes specifically stated, unless your spouse agreed via prenuptial, postnuptial or other waiver means to some agreement to give up rights then your spouse would have substantial rights upon your passing to Homestead, your estate and assets and otherwise.
They will possibly/likely file a small claims lawsuit against you, your credit will deteriorate, and you will get late payments until it is written off, likely ruining your credit for at least 7 years until it drops off, you wont be able to get credit, your credit score will be substantially...Read more »
Florida Homestead is protected from most creditors, in addition, your mom cannot remove your dad if he is on the deed unless she has power of attorney or some guardianship oversight, you may want to speak with and further discuss the specifics with a Florida estate planning attorney for more...Read more »
Depending on what you are executing, real estate deed, Will, Power of Attorney, Trust, other contract ,etc., you will at least want to look up the statutes and or speak with an attorney that works in that area of law in that region of the world, generally, and this is very generally, it involves a...Read more »
Yes, due on sale and transfer clauses, insurance issues, homestead protections, loss of ownership rights, loan issues/fraud and doc stamps owed, potential Medicaid qualification amongst others probably.
While the original deed would need to be reviewed in order to see precisely what it says and how the property was held, the general answer to your question should be "NO", it normally would require both of you to sign, since you say X-girlfriend, you should pull the property records and a...Read more »
You need to speak with a PR estate planning attorney if the property is in PR as you have stated. Things to consider include, is there a Will, what does the property deed say, is there a Trust? It is possible the property will pass to your mom per PR laws, Will and or other estate planning that is...Read more »
I am sorry for your loss, please accept my condolences. If you check with the clerk of the court in the county where your mom and her husband lived, either online or directly with the clerk, you usually can find the basic forms that you may be able to use to file a basic probate. It is often the...Read more »
We're still going through probate and my brother is going to keep the house and pay me half of what it's worth once we're done. But he now says that the house is going down in value now that we're almost in November and that hopefully this gets done fast before it keeps losing... Read more »
The date that you can or should use is the date of death (DOD) date, but you can go up to 6 months after death, beyond that is usually not an acceptable date based on the IRS rules generally. The appraisal you should set the price at is within 6 months of death, otherwise each month the property...Read more »
She passed 4 years ago and my stepfather won't speak to us or let us in the home. We have nothing of our mothers. The home was left to her by a man she took care of for 10 years or more. Her husband was on the house by law but she had me take her to a divorce attorney before we found out she... Read more »
I am very sorry for your loss and the passing of your mom, please accept my condolences for you and your family at this difficult time. Much of what you seek to get answers to depends, it depends on precisely how the property was held (husband and wife as tenants by entireties or some similar...Read more »
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