He is alive but has 2 people renting rooms in his home he owns. I want to protect myself but also not sure if I need to do anything now? What happens if he becomes incapacitated? Should I meet with any attorney now? Thanks
As agent, you can meet specifically with an elder law attorney who can review your friend's financial picture to determine if there is anything you could be doing (or shouldn't do) as POA to help him qualify for Medicaid and other long term care benefits if he were to need nursing care in... Read more »
I left ny in Feb 2016 was threatened if I went back to retrieve my personal belongings. My adult son still lives in the home and refuses to talk to me since I left. His dad passed away last saterday. Everything is in my name. What are my legal rights and options?
You will need to hire a NY attorney to file an eviction action.
If your parents are still living, you do not need a probate attorney. A real estate attorney could look at the deed to help you determine if the property would pass to the survivor under the deed or if probate would be required someday.
I am paying their mortgage payment and wonder what happens when and if my mother passes. Please advise.
Thank you
At the time of your mother's passing, if her home is titled solely to her in fee simple, then there will need to be a probate administration to transferred to her heirs at law (if no will) or devisees (if there is a will). The probate process is necessary to give clear title to the... Read more »
I, as the surviving spouse want to sell this property (FL) and need to probate it because I am not on the deed, only my husband. He and I had 2 children together who are minors and he had one adult child from a previous relationship as do I. I was advised that upon the sale I am entitled to 50% of... Read more »
I am very sorry for your loss. Those attorney answering this question before me are correct. The children's 50% goes to all three children. Because your children are minors, if you were appointed the personal representative (spouse has preference of appointment when there is no will) and you... Read more »
.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list... Read more »
Hi Travis: I am so sorry for your loss. You will need to work with a Florida probate attorney to open your aunt's estate and get the court orders admitting the will to probate transferring her assets. Depending on the size of the estate, you may qualify for summary administration, which is a... Read more »
My parents passed away 11 years ago and left the house to me an my other two siblings. The last time I seen the executor of my parents estate was back in 2011 when the house went into foreclosure. She signed papers to allow me to pay an save my parents home afterwards I tried contacting her in... Read more »
Even if you are not the executor named in your parents' wills, you can still file a petition to open the estate. You should work with a probate attorney to review all the facts and determine what type of estate to open. In the meantime, keep paying the property taxes.
trying to get legal ownership of the property. 2 Uncles are deceased, 1 Uncle still alive, and now I'm legally owner of the last 1/4 because my mother deeded it over to me. Both deceased Uncles have been gone for over 10 years without a probate process processed on their estates. I've... Read more »
It looks like you will need to hire an attorney to open your grandmother's estate (if the property appraiser still lists the property in your grandmother's name with "heirs" after her name and then you will also have to open the estates of both of your uncles. Then after that,... Read more »
The will specifies one heir and same person to be personal representative (executor). Assets include a condo, bank accts and investment accts.
When can estate bank accts be created from the deceased's money to pay bills like utility bills, property taxes, condo fees etc?
When... Read more »
I'm sorry for your loss. Each county varies how long it takes the court to review the initial pleadings and appoint a personal representative. With the personal representative and the beneficiary being one and the same person, there will not be anyone else to give notice to, so once you have... Read more »
I’m in WI, she lived in Florida. What is my next step? She does have a will that’s in her safety deposit now, I can’t access since she has now passed. How do I get appointed by FL to handle my grandmothers affairs? Any advice will be much appreciated, I have no idea what to do. I am my... Read more »
I am sorry for your loss, and I am here to answer your questions. The Florida Statutes provides that if a death certificate is provided to the bank where the safe deposit box is located, the bank will open the box and give the will to the person designated as the personal representative. Then you... Read more »
The one who died is my brother
and his wife also died long ago.
They have 4 adult children.
The 96 year old, my sister, lives in the condo in North Carolina.
Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should... Read more »
You will need to hire a probate attorney and open probate estates for each of the deceased people for their share to be transferred to their heirs by a court order. Then the heirs will have a court order authorizing them to sell the property. There is no other way to transfer the property from the... Read more »
1 sister dies, is the deceased sister family entitled to her half in the house in the state of Florida. There is no will from the deceased sister
If both sisters received their shares via a probate order determining homestead status or a PR Deed, they would have each received an undivided one half as tenants in common. This means that their one half passes to their heirs. The sister's next of kin should open an estate to transfer the... Read more »
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 »
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... Read more »
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 »
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... Read more »
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 »
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 »
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... Read more »
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,... Read more »
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