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Questions Answered by Lauren Nagel Richardson
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... Read 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... Read 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... Read 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... Read 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.... Read more »

2 Answers | Asked in Real Estate Law and Elder Law for Florida on
Q: Redevelopment of a golf course to include 200 townhomes 15 feet from the rear of my condo has been proposed.

What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 15, 2021

This is not an elder law question. This is a real estate question. I would re-post it under real estate law or call and get the advice of a real estate lawyer.

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3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 15, 2021

You will need to hire a probate attorney to open your brother's estate and get a court order distributing the property to the heirs before you can sell the property. The attorney will explain to you who are the heirs at law. Yes, your predeceased sister's children take her share under... Read more »

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3 Answers | Asked in Probate for Florida on
Q: Uncle wants me to sign off on my grandmothers house

My grandmother passed 8yrs ago

She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also

He wants house in his name

But i do not agree and will not sign off

What can i do to make both of us... Read more »

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

If an estate was not opened 8 years ago, then either you or your uncle would need to hire an attorney to open one. In this estate, at some point the judge would sign a court order which would transfer the house to the heirs. Your uncle would receive his fractional share, and you would receive your... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jul 28, 2021

You need to work with an estate planning attorney or a real estate attorney to prepare a revocation of the ladybird deed. This attorney could also then prepare a quitclaim deed if that is your grandfather's wishes.

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3 Answers | Asked in Probate for Florida on
Q: Prenup specifies no spousal claim to solely owned property (homestead). Will specifies who gets home. Probate needed?

I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jun 21, 2021

If the property is one in the deceased spouse's name, then just having a Will does not avoid probate. A probate proceeding will be required and the prenuptial agreement will be attached as an exhibit to the court petition to open the estate in addition to the Will itself being put on deposit... Read more »

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3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Daughter died in Florida, signed will with two friends but never got notarized; can it be used for the estate?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on May 19, 2021

A will with two witnesses but without a notary is still valid in Florida. It should be filed with the clerk of court in the county where the decedent resided, and then when you are ready to open the estate, one of the witnesses will need to sign an oath before the clerk before the will can be... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Florida Estate, Father not on Birth Certificate, if he does not respond to decline executor or sign up as one, then?

I am mom and showed on certificate. no will found so far. He never met her or paid child support. I have called 8 numbers and found 8 emails with no reply

Lauren Nagel Richardson
Lauren Nagel Richardson answered on May 19, 2021

As a surviving legal parent, you are an interested party with preference of appointment as personal representative. You should retain an attorney to represent you and prepare to open the estate. If the biological father is not the legal father (there is a statute in the Florida probate code that... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Estate: Mortgage if I transfer the house to my name what to do about the mortgage? house worth 230k min?

Daughter died House refinanced in 2018. should have owed 138 left on house worth 230-300 k. What happens once house goes in my name(mom) in estate. Can I continue to pay her mortgage or would I have to refinance. How does it work? Or is it up to mortgage company.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on May 19, 2021

Once the judge has signed the homestead order which transfers the home to you, subject to the mortgage, you will provide a certified copy of the order to the mortgage lender, and the lender will acknowledge you as the homeowner. Under federal law, the lender cannot require you to assume the loan or... Read more »

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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?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Apr 28, 2021

There is currently no Medicare benefit for assisted living. Assisted living is typically private pay unless you have long term care insurance.

There is a Medicare benefit for rehab in a rehab hospital after a hospital stay and some home care visiting nurse or visiting rehab after a...
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3 Answers | Asked in Probate for Florida on
Q: My mom died 2 years ago no will. She left us her house and car. No debts left. Do we need to probate?

Two of us live in the home. We are trying to put the house and vehicle in our names. So lost on everything. Our dad died 18 years ago. I am the oldest and I am handling everything.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Apr 21, 2021

Yes, you will need to open the estate or the property will remain in your mother's name. If two years have passed or if the property is homestead and is the only asset in the estate, then you can file for what is called a summary administration. Our office handles summary administration for a... Read more »

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3 Answers | Asked in Probate for Florida on
Q: I am wondering what type of Deed do I need to transfer property into my name that I inherited? I live in Orlando Fl.

The Will has been filled and I have the death certificate and original Will. I was told that all I had to do was fill out the deed have it notarized and signed by 2 witnesses. Also enclose death certificate and a copy of the Will and take it to the Clerk of the Country Office? Thank you in advance... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 31, 2021

Having a will does not avoid the probate process. If a person in Florida dies owning real property in their individual name, then an heir or a person named in a will must file a petition to open a probate case. If the property was homestead property, then the judge will sign a homestead order which... Read more »

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3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: FL Intestate succession when decedent and descendants have passed. Who has claim to estate?

Decedent had no will at time of death and surviving son never had deed/title changed. Now surviving son has passed. Decedent was divorced from Son's father when she purchased estate.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 29, 2021

The Florida Intestate Statute will help you determine who are the heirs. If the son survived the decedent and then died, and the son was the mother's only heir, then the son's estate is the heir of the mother's estate. You would then be asking the question, who is the son's... Read more »

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My friend had 2 place her daddy in a facility, SHE asked me 2 move in her daddys place , in order to keep her

homestead exemption going.. ? she hired a lawyer for his estate & THEY SAID no one can rent or live there. because it , would not meet medicare restrictions , she would not recieve payments for her daddys care in the facility ?... IS THIS TRUE OR FALSE ?

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

It is true that her father would lose his homestead exemption and the value of his home would then be a countable asset for Medicaid purposes (not Medicare) and be subject to claims after his death if the home is rented to an unrelated third party. A child or grandchild can reside in the home and... Read more »

3 Answers | Asked in Estate Planning for Florida on
Q: My girlfriend mother passed away and left a home wit no will, she has not paid the mortgage since October, can she sell

The house if she gets a probate lawyer to change it over to her name and it there a flat fee for this service, or what would she pay, we spoke to a lawyer who’s asking for $700 as a retainer and $4100 once the property is sold

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 4, 2021

You should shop around and see if you can find an attorney who will handle a summary administration of a homestead only for a flat fee you can afford. My office handles homestead only estates for a flat fee. You are welcome to call our office for a free phone consultation and a quote. Once the... Read more »

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2 Answers | Asked in Estate Planning for Florida on
Q: Does the Successor Trustee have to provide an accounting once per year to a beneficiary of a voluntary trust?

The trust in question was set up by my wife who was found to be incompetent by two physicians and replaced by the Successor Trustee. I am a beneficiary of the Trust. The successor Trustee says that she need not provide an accounting unless my wife predeceases me. Is she correct?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 3, 2021

I think that it would depend on if you could make a credible argument that the trust has become irrevocable due to the incapacity of the grantor and thus you are now a qualified beneficiary who has a right to an annual accounting even though the grantor is still living. I would recommend that you... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Is it normal for probate attorneys to request to hold onto the checkbook from the estate account
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Feb 19, 2021

It is likely that this attorney is just acting out of an abundance of caution and wants to make sure that you only write checks for estate expenses or make distributions to the beneficiaries only at the appropriate time. I have done this in some cases, but not in all cases.

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