If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More

1. I would not sign it without review from an attorney.

2. I would not sign it.

3. The terms and duration would most likely be overbroad in territory and time and not enforced.

4. Keeping a person from doing their profession or working in their state of residence is... View More

Not very easily. A probate will need to be done and the property will go to the person mentioned in a Will or Trust, as designated on the deed or via Florida Intestate Statutes (without a Will), so, unless they are specifically mentioned and unless they meet the lengthy adverse possession... View More

Generally, if there are any assets in the name of the deceased alone, then a probate will more than likely be required of one type or another. You will need to provide additional details to a Florida Probate Attorney and they will need to review the Will/Property Deed and the circumstances so they... View More

Yes, this would be called a Partition Action", I would encourage you to try to avoid this costly undertaking and find common ground and agreement with your sibling via a buyout/refinance or agreed upon sale and to avoid the Partition Action, if this is not possible, then a force sale or... View More

I am very sorry for your loss and please accept my condolences on the passing of your husband. It depends on a number of issues, what did divorce say, what does the deed say, was there a Will or Trust and were they drafted before or after the divorce. There are a lot of factors that come into play... View More

I am very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this sad and difficult time. Based on what was done and what needs to be done you should speak with a Florida Probate Attorney, it will also depend on who survived your... View More

I am very sorry for your loss on the passing of your sister, please accept my sympathy and condolences for you and your family at this sad and difficult time. A Power of Attorney ends at death, the document would not have been useful upon your sister's passing. You should check with the bank... View More

You should speak with a Florida Estate Planning Attorney and weigh the pros and cons of each option. You may want to consider an Enhanced Life Estate Deed (Ladybird Deed) or a Trust, as both of these options if done properly will avoid probate. Simply naming you in a Will would require probate and... View More

Florida is very protective of Homestead Rights, especially the rights of a surviving spouse, so generally, without a spouse joining or agreeing, a Homestead cannot be conveyed without agreement/signature/approval of the spouse, since this did not happen, it is likely you will need to revisit a... View More

I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family. A probate may be needed because there may be other assets in your dad's name alone that need to be addressed via probate, any assets in your dad's name alone that do not have a pay... View More

Yes, I would advise to use the most recent home address and then leave the witness sections blank as it will be handled at the execution of the document in jail with his signature, witnesses and notarization. If this is Florida, be sure you are up to date on the Power of Attorney, many sections... View More

I am verry sorry for your loss on the passing of your uncle, please accept my condolences and sympathy at this sad time for you and your family. Generally, there is no requirement to ever do a probate, you have no such obligation, you can though start a probate at any time. You will need and want... View More

I am sorry for your loss, please accept my condolences for you and your family. If you are the named estate Executor (called a Personal Representative) in Florida, once the Court has approved and authorized you there is little that your sibling can say or do. The process moves ahead and tends to... View More

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,... View More

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... View More

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... View More

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... View More

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... View More

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... View More