Get free answers to your legal questions from lawyers in your area.
In accordance with Florida law, can a revocable trust be executed or delivered if the assets, such as bank investments and real estate, were not transferred into the trust account before the grantor's death? My aunt passed away in September 2024, and her lawyer did not explain that the assets... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
In Florida, a revocable trust must have assets properly funded into it during the grantor’s lifetime to fully function as intended. If assets like bank accounts and real estate were not transferred before your aunt’s passing, those assets may need to go through probate to be moved into the... View More
In Florida, can a trustee refuse to administer an irrevocable trust if the beneficiaries won't sign a form acknowledging they received a copy of the trust? The trustee claims Florida law requires the beneficiaries' signatures, but the beneficiaries are hesitant because they believe it may... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
In Florida, a trustee cannot refuse to administer an irrevocable trust solely because beneficiaries won’t sign an acknowledgment of receipt. While Florida law (Fla. Stat. § 736.0813) requires the trustee to provide a copy of the trust upon request, there is no legal requirement for beneficiaries... View More
My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
You have several legal options to address this situation in Florida:
Demand Filing of the Will – Florida law (Fla. Stat. § 732.901) requires the custodian of a will to file it with the court within 10 days of learning of the testator’s death. You can send a formal written request to... View More
I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
A Lady Bird Deed (Enhanced Life Estate Deed) is a great way to avoid probate while keeping full control of your property during your lifetime. It allows you to name a beneficiary who will automatically inherit the home upon your passing, without the need for probate. You can sell, mortgage, or... View More
I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
In Florida, if your grandmother passed away without a will (intestate), her property would typically pass to her heirs under Florida intestacy laws (Fla. Stat. § 732.103). Since your mother (her daughter) is deceased, her share would likely pass to you and your sibling, while your uncle, as her... View More
I have been with my partner for 9 years, and we are planning to get married soon. I own a home with a mortgage balance of $195,000, which I plan to pay off when I sell this house and move further south in Florida. I want to ensure that if I pass away, my husband will inherit the new home, car,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
To ensure your future husband inherits everything without probate, a trust is the best option. While adding him as a co-owner with rights of survivorship on the new home would allow him to inherit it automatically, your other assets—like your car, jewelry, and personal belongings—would still... View More
I've been living with my partner in Florida for over 10 years. In the event of my partner's death, I'm listed in their will to receive the house and any money that may be coming. There are no other heirs who might contest the will, it was notarized with witnesses, and there are no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
In Florida, a properly executed will (signed, witnessed, and notarized) generally ensures that you inherit as specified. However, lawsuit proceeds may not automatically be covered if they are not explicitly mentioned in the will. If the estate is the beneficiary of the lawsuit, the funds will pass... View More
My fiancé recently passed away, and the day after, while I was not home, his son broke in, vandalized the place, and took all of his father's belongings, including a vehicle that was in my fiancé's name containing many family heirlooms of mine. I've tried repeatedly to retrieve... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025
In Florida, you may take the following legal steps to reclaim your belongings and your fiancé’s possessions:
File a Police Report – Even if you initially avoided reporting the break-in, you can still file a report for stolen property, especially since some items belong to you.... View More
I live out of state, but my father passed away in Duval County, Florida. He and my stepmother had a trust, and my father told me I was a beneficiary. However, my stepmother has not sent me a copy of the trust, and she is unresponsive to my calls. I have not yet taken any legal steps to obtain a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025
In Florida, as a trust beneficiary, you have the right to request a copy of the trust under Florida Statutes §736.0813. Trustees must notify beneficiaries within 60 days of the trust becoming irrevocable and provide a copy upon request.
Since your stepmother, likely the trustee, is... View More
My mother inherited our grandmother's house and wants to gift the home for half the value of the home. Is she able to do this without incurring some sort of large tax burden the following year?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2025
An Enhanced Life Estate Deed (Lady Bird Deed) or a Revocable Trust can help your mother transfer the home efficiently while avoiding probate and minimizing tax consequences.
Lady Bird Deed
This allows your mother to:
Retain full control of the home during her lifetime.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2025
If you and your mother bought a house together and both names are on the mortgage, what happens to the property when one of you passes away depends on how the title (ownership) was set up. Since there is no will, the way the property is titled will determine the next steps:
Joint Tenancy... View More
The petitioner (decedents step-son) is 50% owner & is on the original title, paid all property taxes for the past 10 yrs. & lives in another county w/ no access to the property. The petitioner attempted to open a formal administration to be appointed Personal rep., since the decedents... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 2, 2025
The petitioner still has legal options to force the sale of the property despite the stalled probate proceedings and the existing code enforcement lien. Here’s an outline of possible legal steps:
1. Action for Partition
Since the petitioner is a 50% owner as a tenant in common,... View More
My father had a revocable living trust and a pour over will. My sister and I are only beneficiaries. Noone is going to contest anything. I know Florida law says "10 days" after death to file a will, but there are no legal consequences of missing this deadline, correct?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 29, 2025
I'm sorry for your loss.
You're correct that Florida law requires a will to be filed with the court within 10 days of the person’s passing (Florida Statute § 732.901). However, there are no direct penalties for missing this deadline—courts typically accept late filings as... View More
my older brother didnt file my late mothers will but instead year and half later went to a lawyer and now is filing a petition to descent and heirship and said she died instate. Before my mom died she went and got a $15,000.00 mortgage on her home and gave it all to my brother in one transaction... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025
I'm sorry you're dealing with this complicated and emotional situation. Here’s some guidance that might help clarify your steps forward, but keep in mind that consulting a qualified probate or estate attorney in Kansas will be your best course of action. Here’s what you need to... View More
There was no spouse, no children, and no other heris. It was specifically given to me in a Will. I understand that I don't get homestead exemption from creditors. But, I wanted to know if the status of the homestead stays on the property itself, and if so, does that mean it's protected... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2025
Great question! Here’s the breakdown:
Homestead Status vs. Exemption
Homestead Status refers to the legal characterization of the property as a homestead, offering certain protections.
Homestead Exemption offers tax benefits and protections from forced sale by creditors.... View More
My sister is disabled due to a stroke in 2019 - after which she was in a California skilled nursing facility up until the end of September 2024 when she relocated to Florida. She was covered through Medi-Cal while residing in California. She's not eligible for SSDI - didn't earn enough.... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2025
Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:
Exempting the land: If the land is essential... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2025
Great question! To ensure your home does not go through probate after your passing, there are a couple of effective options available to you. At Hadeed Legal, we often recommend two approaches for situations like this:
Create a Trust: One of the best ways to avoid probate is to set up a... View More
My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025
Since this is in Florida, your brother’s children likely have a claim to his share of the house if he passed without a will and the property wasn’t set up with rights of survivorship (which would’ve automatically made it yours). Without formal paperwork documenting your verbal agreement with... View More
if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2025
In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 27, 2025
No, a person with Power of Attorney (POA) cannot change someone’s will or transfer ownership of their property deeds for their own benefit.
Here’s why:
Wills: A POA only grants authority to act on behalf of someone while they are alive. It does not give the agent the power to... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
