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Questions Answered by Ellen S Deutsch Taylor
2 Answers | Asked in Estate Planning, Constitutional Law and Probate for Florida on
Q: Is there any possible scenario that would allow for second cousins to inherit under intestate succession?

If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Oct 26, 2021

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

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If I received money from escrow and homeowners but also got the house should that amount be taken off my final amount?

My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Oct 6, 2021

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... Read more »

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3 Answers | Asked in Estate Planning, Family Law, Health Care Law and Insurance Defense for Florida on
Q: My father recently passed away after a 3 weeks in the hospital. During that time, the hospital tried to get him approved
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Sep 14, 2021

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

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4 Answers | Asked in Estate Planning for Florida on
Q: I want to make changes to my will. Do I have to consult with a lawyer for the changes or what needs to be done?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jul 30, 2021

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.

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2 Answers | Asked in Civil Litigation, Estate Planning and Real Estate Law for Florida on
Q: My father passed in 2016. I have not talked to my stepmother since. What are state laws for inheritance?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jul 4, 2021

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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: If it states in a will that my father wished to bequest nothing to me do i still get anything by law in Georgia?

My father passed in feb and my sister came up with a new will after 20 yrs of the old one being in place back in dec do i get anything and how do i find out if that will my sister has is real or not.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jun 1, 2021

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.

1 Answer | Asked in Estate Planning for Georgia on
Q: If named as a beneficiary in a will, am I entitled to a copy of said will?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 24, 2021

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

1 Answer | Asked in Estate Planning and Tax Law for South Carolina on
Q: My daughter died at age 35 in Florida, 401K left to dead Grandmother, Grandad still alive. Does it go to him or estate?

They were married at her death and he was her beneficiary of life insurance in SC.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 19, 2021

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.

1 Answer | Asked in Estate Planning for Florida on
Q: My stepfather died in Florida without a will. My mother died shortly before him. Who gets the house?

We always discussed that I would inherit the house and my stepfather has no relatives. I'm told now they're going back to the 1850s to find a relative. How long do companies that search for ancestors have to show a blood heir? I'm taking care of the house at the moment and have... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 12, 2021

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... Read more »

2 Answers | Asked in Estate Planning, Tax Law and Probate for North Carolina on
Q: I have a will. Is it also necessary to have a beneficiary designation on file with the manager of my IRA account?

My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 7, 2021

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.

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3 Answers | Asked in Estate Planning for Maryland on
Q: my mother is in the hospital incapacitated. she does not have a will. we're five siblings. we need a power of attorney

mom is physically unable but has retained some cognitive responses. she's unable to speak, only nods her head. we need help from willing attorney to come to the hospital in Germantown.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 3, 2021

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... Read more »

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2 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: about to close on a lot sellers from IL (jon doe sally sellers trust) they do not have copy of trust and cant close

title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 1, 2021

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.

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3 Answers | Asked in Estate Planning for Florida on
Q: Once you are eligible for Florida Medicare can you live in any assisted living facility?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 28, 2021

If you are already qualified for Medicaid, it would depend on the availability of facilities and there is usually a waiting list. I think you meant Medicaid, not Medicare.

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2 Answers | Asked in Estate Planning for Florida on
Q: Where can I find an affidavit that the estate is not indebted in order to transfer title to a motor vehicle?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 25, 2021

Unless a probate was filed and a court order issued you will not find that statement unless a petition for probate was filed.

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3 Answers | Asked in Estate Planning for Florida on
Q: My mother has an Edward Jones brokerage account which she added my name on. Upon her death does it get probated?

I’m located in Florida. Trying to avoid probate.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 22, 2021

If the account has you as a designated beneficiary, if she passes, it would not be a probate asset and would pass automatically to you without probate. Make sure she filled out the beneficiary form. Just being a joint account is not enough

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1 Answer | Asked in Estate Planning and Real Estate Law for Mississippi on
Q: My mother is leaving me her house after she passes. The warranty deed right now shows her as the grantee and me as the

grantor. Is that not backwards?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Sounds like she was the grantee when she bought the house. A new deed from her to you would have her as the grantor. Does she have a will, stating her intentions?

1 Answer | Asked in Estate Planning for Georgia on
Q: I want to change beneficiaries to my will, can I do a codicil and assign witnesses myself?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

Any changes to a will must be executed in the same manner as the original will. You will need witnesses and a notary.

2 Answers | Asked in Estate Planning for North Carolina on
Q: Deceased lives in different county than said property but same state do I have to file probate in both counties
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 21, 2021

No. Probate is in the county where decedent lived.

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1 Answer | Asked in Estate Planning and Real Estate Law on
Q: How do i add my wife to deed on house in PR? How do I leave house to wife?

I have one child, a daughter. I know she will inherit all. I want to leave house to my wife.

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 20, 2021

Put it in your will.

2 Answers | Asked in Estate Planning for Ohio on
Q: my brother's house deed is transfered to me at time of death can his surviving wife contest it

State is ohio and she has quick claimed the deed to him now

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 15, 2021

Was

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