Questions Answered by Lauren Nagel Richardson
Q: Hi,How do I file an objection to a "Consent to appointment of personal representative" in the state of Florida?
My mother passed away two years ago intestate. My father was named as personal representative but unfortunately he passed away, also intestate, before probate was completed. There are five siblings and one has secured an attorney (the one my father already paid) and is trying to be named as the... Read more »
Dear Kim,
If the rest of the siblings want to appoint someone else, one of you is going to have to retain an attorney to represent you to file a counter petition for administration which requests that sibling be appointed personal representative and then have the siblings who support that... Read more »
Q: We want to sell my Mom's home in Florida, but don't know where to legally place the funds afterwards. Help please?!?!
I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.
You need to contact an experienced elder law attorney who can explain your options to you. If your mom's home is her homestead, and she is now in need of skilled nursing and may qualify for Medicaid, please take the following into consideration:
Homestead is not a countable asset; it is... Read more »
Q: I am successor trustee in my fathers trust. Am I able to sign the title of his car over to a buyer in the state of FL?
The car is paid for and is in his trust.
I agree with attorney Thorgaard that if the car is titled to the trust, and you are the successor trustee, then you will be able to transfer/sell the vehicle. You will need to take the death certificate and a copy of the trust agreement to the tag office.
However, I always recommend that... Read more »
Q: Can someone tell me if the deed that I have is a ladybird deed ?
I can email the deed on a private message
A real estate attorney or an estate planning attorney who prepared these types of deeds would have to review your deed to answer this question for you. There is specific language which must be included for it to be a "ladybird deed" or "enhanced life estate deed."
You are welcome to call... Read more »
Q: My stepfather left me his home in his will, was told I will have to sell to pay off debt but I want to keep to live in.
We live in Florida. I have lived and been a caregiver for my stepfather since my moms passing 15 years ago, he raised me but never adopted. He and my mom have a child together, my sibling and I are close and we are both executors. In the will he left me the home so I could continue to live here, he... Read more »
The issue here is that you are not an heir at law, and the homestead exemption as the property passes through the estate does not pass to you as a non-heir. Typically, the court still signs a homestead order, but it states that the property is non-exempt homestead and subject to administration.... Read more »
Q: My brother has been on SSI and Medicaid. He received an inheritance but failed to report it right away.
We moved the inheritance into my account so I can help him manage it. Is there any thing we can do to keep him from losing his benefits? Is it too late to move the inheritance into a special needs trust?
Your brother can transfer the money to a 1st party special needs trust if he has been determined to be disabled by SSA or Medicaid and is under the age of 65. There is particular language which must be included in the special needs trust for it to meet the requirements for him to keep his benefits,... Read more »
Q: Ward is confined to memory care at ALF. Son is guardian, can wards house hold bills be paid through the guardianship?
Wards home is still occupied by wards other son who served as caretaker from 2015 to 2019. House is fully operational. Car insurance, Power, Utilities and maintenance are still required to keep house going. Paralegal (told Guardian not to pay any of the outstanding bills in the wards name.) this... Read more »
You will need an order from the court before the ward's expenses can be paid. There are quite a few options including petitioning the court for the ward's son to be determined to be the ward's dependent. Also with the guardianship court's order, the house could be transferred to a child who has... Read more »
Q: I my mom passes, does my stepfather or his children from another marriage have any rights to her home?
My mom is the only one on the deed. It was paid off 10 years prior to their marriage. Does he or his children have any rights to the property upon her passing? The home is in Fl. I am her only child.
Please accept my sincere condolences on your mother's passing. If hers was the only name on the deed and she was married at the time of her passing, then her spouse has an election for which he only has six months to make, otherwise he gets a default of a life estate in the homestead, remainder to... Read more »
Q: Do i have beneficial title for purpose of homestead approval being im only heir to estate?
Mom passed 12/4/2018. She went into nursing home in 2016 and i moved into home at that time and have been taking care of home and property taxes. But homestead stopped after death, now trying to get homestead for myself. I am only child and deed in her name only, no will. Mom was widowed and deed... Read more »
You will not be able to apply for property tax homestead exemption until the property has been transferred to the heirs with a homestead order in a probate proceeding. You are welcome to call our office for a free phone consultation. We handle homestead only summary administration for a flat fee... Read more »
Q: is a distribution from a revocable grantor trust considered a "gift " and not taxable?
not sure if it is considered a gift or if you would issue a k1 or 1099. And if a 1041 needs to be filed. The grantor put in 15,500 and distributed 12,000 to one person.
the grantor does not want it to be considered a gift.
If the grantor is still alive and the trust is revocable, the grantor can withdraw some of all of the funds from their own revocable trust and make a gift. If it is under the annual gift tax exclusion amount, then there is nothing to file whatsoever, except that the grantor may wish to write a gift... Read more »
Q: How to word an affidavit for a release of lien with the Surrogate Court of NY, for which a credit card debt was settled
The estate is intestate as there was no will. The lien was filed by a credit card company, which has since provided myself as the executor with full docs re satisfaction of the debt.
The decedent lived in Manhattan NYC. I live in Port St. Lucie, FL
This is a question to be answered by a NY attorney. If you have a written satisfaction signed by the creditor, ask the NY attorney if you may simply file that or if another document needs to be prepared.
Q: Hello i have property in florida that was passed down from my mother to myself and my siblings ,which are all deceaced,i
i'm the only one alive on the deed .i let my nieces live on the property ,to kep up the land and taxes which they are behind in both ,.how can i do a quick deed transfer to my daughter who will pay the taxes ,or what is the correct way to handle this property ,to sell half and pass the rest to the... Read more »
Thank you for your question. You should consult with a probate attorney to look at the facts of your family situation regarding this land to determine if one or more estates need to be opened with the probate court to transfer this property from your mother's name to her heirs. Once estates have... Read more »
Q: My mom died in Florida, no will. She had a home in Florida which was only under her name, my father has other kids.
My mother moved to FL a month before passing away, before that she lived in PR. My mother had a company in PR which I was told that cannot be inherited. My father took over that and aold everything, even trucks that were left under my aunts name to protect againat him and his other kids. Now he... Read more »
You need to consult with a probate attorney to help determine whether the property in Florida is your mother's homestead for probate purposes. This will help determine the heirs. In general, however, unless your mother signed a deed that transferred the property to her husband, there will need to... Read more »
Q: What should my medicaid dependent mother (ICP) do if she overlooked a cash value $4K insurance policy she had from 2012?
My mother has been in a nursing home since 2012 and my father had a $50K face value life insurance policy with a cash surrender value that has increases to about $4K for many months. Should she borrow money against it, will Medicaid ask for their money back if it was an oversight?
Thanks!
I would need some more facts to help you with this question. Is your father still living? If he is still living, and he does not also live in a nursing home, then he can have $126,420. in assets. The facts you provide are a little bit unclear as to who owns this policy. You are welcome to repost... Read more »
Q: Can a home of a deceased without a will be sold without probate?
Would the home need to go through probate before selling? Florida Statute 731-1055
If the property is in the deceased person's sole name, then an estate would need to be opened to transfer the property to the heirs. There are other types of deeds (life estate with remainder person, joint tenants with rights of survivorship, husband and wife) that would only require the recording... Read more »
Q: My wife has passed away no will she was in the middle of a law suit how do I go about setting up a estate account
I also want to be the admistrator of her assets what can I do Thank you in advance
I am so sorry to hear about your wife's passing. You will need an attorney to represent you to petition the court to appoint you as personal representative of her estate, so that you can continue to pursue the claim in her law suit. Once you are appointed personal representative, and if there are... Read more »
Q: Inquiring if there is any leagal action to dispute next of kin as a blood daughter vs spouse .
Wanting to file malpractice lawsuit for her death and was told her husband would be the only one able to do so even tho he’s nothing to her 3 kids and was also the enabler for her problem why would he deserve this over us ?
I am so sorry to hear about your mother's passing. I think what you are referring to is that the spouse has preference of appointment as personal representative (PR) in the probate estate, and the PR is the person who would file the lawsuit.
All is not lost, however. If the spouse does not... Read more »
Q: How do you find out a deceased persons debt
Typically the personal representative (PR) or the heirs have access to the deceased person's records, or if they do not, upon appointment, the PR can change the deceased person's address at the post office to receive their mail. In formal administration, notice to creditors is published in the... Read more »
Q: Will probate court give me my brother's checking account funds of $5000 since I paid funeral in full?
I have proof that I paid the funeral in full and will submit receipt for same to probate court. Under Florida law, will I be reimbursed first before medical providers? I live in PA and am trying to take care of his affairs without probate. He died intestate and has no assets other than $5,000 in... Read more »
There is a statute in Florida which provides for Disposition of Personal Property Without Administration in cases where there is a small bank account and the person petitioning has paid the funeral expenses. You should be able to find the forms and instructions online for some of the larger... Read more »
Q: What happens when someone dies while beneficiary dies during probate?
My mother and her 3 siblings were waiting for probate to end on my grandfather's estate. He passed 10 months ago and my mother just passed last week, before money was distributed. Other than the money from her father's estate she has nothing. What happens now to that money if she had no Will and... Read more »
I am so sorry to hear of your mother's passing. When a beneficiary of another estate dies before receiving their distribution, it is likely that you will need to open her estate to receive her share of the other estate, and then for these funds to be distributed to your mother's heirs at law. Even... Read more »
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