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Questions Answered by Lauren Nagel Richardson
1 Answer | Asked in Probate for Florida on
Q: I need to file an objection to a petition for probate administration. Can any probate attorney handle this simple task?

I have spent the last 12 days - all day long - contacting every probate attorney in the area. The regular probate attorneys say I need a litigation attorney but the litigation attorneys say any attorney can do it in a few minutes and it is not a litigation issue. I am running out of time and... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Aug 24, 2023

Filing an objection means that you are contesting something about this estate, and may probate attorneys including myself do not handle adversarial matters. For that reason, yes, you would need to retain someone who either is willing to handle an adversarial estate or handles probate litigation. If... View More

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: In Florida are the grantor and grantee the same person in a ladybird deed?

Can the remainderman be the grantee if an enhanced life estate is reserved to the grantor as the life tenant?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Aug 9, 2023

It is important that deeds are prepared correctly. If you are in doubt, please work with an estate planning or real estate attorney to prepare your deed. That being said, to answer your question in general, the homeowner is the grantor, and both the homeowner, as to a life estate with certain... View More

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2 Answers | Asked in Probate for Florida on
Q: My father passed, leaving my mother. How to transfer title of car to her? No estate/probate, car only asset

He had credit card debt, so a signed affidavit that he had no debt isn’t possible, but everything I read says that affidavit is required in this scenario- but everything I read also says car should be exempt? If car is exempt from credit card debtor, how do we transfer ownership to my mother if... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jul 20, 2023

If your mom has moved to another state, you should be able to skip the step of transferring title in Florida by taking the Florida title and his death certificate to the tag office in the state where she resides and see what title transfer on death form that state uses. In Florida probate is not... View More

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2 Answers | Asked in Probate for Florida on
Q: My dad split his property 4 ways between me and my brothers.They have quit claimed the condo .why is probate needed?
Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jun 27, 2023

Thank you for your question. A probate would be required to transfer the property from your late father's name to the heirs. Then quitclaim deeds from the heirs to you would serve to transfer clear title to you. Without probate there is a gap in the chain of title from your father to his... View More

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2 Answers | Asked in Estate Planning for Florida on
Q: A living trust was created with its initial "funding" being a very confusing clause.

The funding is described as: "all that tangible and intangible personal property owned by (the Grantor) not requiring legal evidence of ownership." What exactly does this mean? I understand it would exclude real estate or vehicles requiring deed or title. Would it include membership in an... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jun 26, 2023

Thanks for your question. In addition to the funding language included on a schedule attached to a trust agreement or in the trust agreement itself, certain assets such as bank accounts and real estate must actually be retitled during the grantor's lifetime in order to be made part of the... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: How to get formal notice to someone overseas?

I have completed the entire form for Pinellas county, however the other beneficiary lives in Europe and neither she nor I have been able to figure out how to satisfy this requirement:

"PROOF OF SERVICE OF FORMAL NOTICE

Under penalties of perjury, I swear or affirm that on... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on May 15, 2023

Hi! Thanks for your question. If the other person is also an heir or other interested party, they can sign a joinder, waiver and consent to the petition. This joinder, waiver and consent form also includes language stating that the person waives notice and hearing. If you can find the joinder,... View More

2 Answers | Asked in Probate for Florida on
Q: Mother passed away in 2015. No probate. Found out there are some accounts now with the state. Question on disposition.

No single account more than $10,000. Cumulative is about $13,000.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on May 10, 2023

Thank you for your question. You will most likely need to open a probate estate and get an order of summary administration from the Court in the county where your mother resided and then include a certified copy of that order in the packet that you send to State of Florida Unclaimed Property to... View More

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2 Answers | Asked in Probate for Florida on
Q: Do I have to file a petition for Summary Administration to transfer a homestead if there are no non-exempt assets?

The only items there are are the homestead property, 1 primary vehicle and the furnishings of the house which are certainly less than $20k in value. I am only just trying to sell the house, not interested in keeping it.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on May 10, 2023

Thank you for your question. Yes, it is most likely that you will need to open a probate estate to transfer the homestead and the other assets. When an asset such as a homestead, a vehicle, or furniture, furnishings and appliances are deemed to be "exempt property", that does not mean... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Enhanced life estate deed

My mom and my aunt on a property together that is zoned as a duplex on the same lot. They wrote up an enhanced life estate deed with a lawyer stating that I would get 50% and my cousin will get 50%. My question is upon their death me and my cousin or the remainders, but does that mean that in the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on May 6, 2023

Thanks for your question! An attorney would need to take a look at the deed to confirm my answer, but based on the facts that you have provided, you and your cousin would be remainder beneficiaries as tenants in common (not with survivorship between the two of you). This means that you would each... View More

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Mom mistakenly put mobile home and property in Tangible personal items and left to me. Can my brothers sign it over?

My mother lived next door to the property that I own when she died. Since her passing, I have been making the mortgage payments on her property. The property is in Bronson, FL. I have 1 brother in Daytona and 1 in Tennessee who both claim they would like for me to have the property. When Mom filled... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Apr 13, 2023

Once the real estate together with the mobile home goes through the probate process and the judge has issued a homestead order giving the land and the mobile home to the heirs according to their shares in the will, your siblings can sign an quitclaim deed to give their shares to you. This would all... View More

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If you're not married, would it be best to name a parent or minor child as a beneficiary to a retirement plan?

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... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 31, 2023

You should work with an estate planning attorney to prepare a last will and testament with a testamentary trust for minors built into the will. Then with the attorney's guidance, you can designate the testamentary trust in the will as the beneficiary of the retirement account, so that if you... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Beneficiary who is not executor has filed for formal administration without executor's knowledge or permission.

Parent died several months ago. One of two beneficiaries live overseas, the other (named executor in will which was filed with the court) is working on getting house and contents of house disposed of and ready for sale. Beneficiary had taken care of all requirements and has been keeping overseas... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Aug 11, 2023

You would need to hire an attorney and file a counter petition within the answer period. Then the Court will set a hearing.

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Is there set language for a ladybird deed in Florida or is it creative writing after the basics are set forth?
Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Aug 9, 2023

Yes, there is very specific language for a ladybird deed to be valid in Florida. As with the preparation of any deed, I strongly recommend that you retain an experienced estate planning or real estate attorney to prepare such a deed for you.

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2 Answers | Asked in Estate Planning for Florida on
Q: are inherited ira's protected from the deceased's creditors in florida?
Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Apr 11, 2023

Short answer is yes. Retirement accounts that pass to a designated beneficiary are not part of the probate estate and are not subject to creditor claims. If there is no designated beneficiary and the retirement account passes through the estate to the heirs, then it is, unfortunately, subject to... View More

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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”

Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 12, 2022

Please accept my sincere condolences on the loss of your husband. Depending on how the real estate was titled, you will have to do one of two things:

1. If the real estate was titled on your deed in your name and your husband's name, husband and wife, then all you will need to do is...
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1 Answer | Asked in Probate for Florida on
Q: Homeowner ins won't send refund to me. House is now in my name. Summary admin. Husband accts closed. Now what?
Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 5, 2022

You may need to have your probate lawyer file an amended petition for summary administration to include this refund on the amended petition and proposed amended order of summary administration as an asset, so that you can use the court order to get the refund issued in your name. Another option is... View More

2 Answers | Asked in Estate Planning for Florida on
Q: What does it mean to remove from an estate by petition? Ex: if the homestead is removed from the estate by petition?

Setting up attorney agreement for estate management/settlement in Florida. The house is left directly to someone in the Will, but the attorney agreement states, "If the homestead is removed from the estate by petition, it will still be included in the value of the state for fee... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Nov 23, 2021

The issue of the homestead property being devised to someone in the will has nothing to do with whether it is included or not included in the fee calculation. As the other attorney answering this question has addressed, the value of the homestead is not included in the statutory fee calculation. If... View More

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2 Answers | Asked in Probate for Florida on
Q: probate?

my wifes dad passed away and her stepmother took everything property, vehicles, personal property, life insurance. home aquired before there marrige from inheritance. does my wife have any standing to recieve any of her dads things. she was born in pervious marriage 14 years or so before.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Nov 8, 2021

This often happens in second marriages if the assets were jointly titled husband and wife property (real estate) or if wife was the joint owner or the POD/TOD beneficiary (bank accounts, investment accounts, retirement accounts).

Even without a will, then, wife would receive all the joint...
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4 Answers | Asked in Probate for Florida on
Q: I have lived and paid taxes on my late sister's property for 3 years, do I need a lawyer to transfer ownership ?

No will, sole heir.

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Nov 5, 2021

Yes, you will need to hire a lawyer to open her estate and have the judge sign a court order which will transfer the property to the heirs. If you would like to discuss this case with my, I offer a free 15 minute phone consultation. I handle estates anywhere in Florida and handle summary... View More

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1 Answer | Asked in Probate for Florida on
Q: Probate Question re: filing Disposition of Personal Prop without Admins. in Florida

My sister died as result of auto accident. All prop damage and medical injury bills are being handled under her auto policy. Other driver sustained minimal injuries and insurance trying to settle under limits of policy. Can we file for Disposition of Personal Prop without Administration while... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 27, 2021

I am so very sorry for your loss. If you properly file the court papers for Disposition of Personal Property Without Administration and provide the appropriate supporting documentation and get the waiver/consent of all the heirs, then the court will prepare the order and the judge will sign it.... View More

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