There is specific language for a lady bird deed to be valid. I lady bird which is valid in Florida, but not in many other states, is essentially an enhanced life estate deed. I suggest you retain a Fl. Lawyer to draft it.

It will depend on how it is titled. If the wording is and/or. If it is or, it can pass without it being an asset of the estate. Otherwise the partial interest would be considered an asset of the estate.

Will could be redone to add a/k/a next to your name. Will would have to be resigned and witnessed and that would be true with a codicil. Any change requires it to be reexecuted with same formality as before. If you do nothing and it went to probate you would have to provide evidence of the name... View More

You could give the son who is living with you a Live Estate and then have the other sons and him be the remaindermen so they would get the property when you die. This can be done through a deed.

Ellen DeutschTaylor

727 365-3121

Wills must be witnessed by two people and notarized if you are using a self proving clause. You should have your will reviewed by an attorney to make sure it complies with Florida law.

Ellen Deutsch Taylor

You will need to contact a Canadian lawyer but I would definitely not rely on information from a bank employee.

It would probably be administered under NY law.

How do you plan to get title to the car? You may still have to do a small estate probate. Did your mom own any real estate? I suggest you do a consultation with an estate attorney.

Ellen Deutsch Taylor

727 365-3121

Yes it is possible. The order of intestate succession is spelled out in the Florida Probate Code. It would be very rare for any assets to escheat to the state when there are living beneficiaries under the laws of succession.

Ellen Taylor, esq.

727 365-3121

There are a lot of complicated issues here. A personal representative is the same as an executor-it’s the term used in Florida for the same function. The fact that you were with your partner for a long time is not relevant because there is no common law marriage in Florida. The first question... View More

If you are asking if he was approved for Medicaid, more information is needed. Without more details, it is impossible to answer the question.

You can make changes to your will either by codicil or by doing a new will. If you do any changes, it has to be executed in the same manner as before with two witnesses and a notary for a self proving will.

I would need additional information in order to provide an accurate answer. Did your father have a will? Was a probate done of his estate? If your step mother was the surviving spouse, she was entitled to receive some benefits. Was there real property involved? You really need to speak to a... View More

If she tries to get the will admitted for probate, you can attempt to contest it, if you have valid reasons to believe he was under duress or not competent when it was executed.

If the will is being probated, you should receive a notice of the probate.

Any account or life insurance that has a beneficiary goes directly to beneficiary outside of a probate. You didn't mention if she owned Florida real estate or if she had a will. Different rules would apply for intestate or homestead property.

Without a will, the estate is intestate and must follow the order of succession in the Florida probate code. Did your stepfather legally adopt you? Did he have any natural children or siblings? Are his parents alive? Unless you were legally adopted, you are not entitled to anything and the Probate... View More

You want to have designated beneficiaries on your investment accounts since they will pass outside of any probate and pass automatically to your beneficiary upon your passing.

You don’t say whether she is physically or mentally incapacitated. If she is mentally incapacitated she can give someone a power of attorney since she lacks the requisite mental ability to give someone a valid power of attorney. If she is physically incapacitated she should give the power of... View More

There is really nothing you can do since the title company will not close the transaction. Someone needs to find a copy of the trust documents to prove they have the right to sell the property. Otherwise you will have to have them go to court to clear the title.