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Questions Answered by Lauren Nagel Richardson
3 Answers | Asked in Family Law, Elder Law and Probate for Florida on
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 »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Apr 14, 2019

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 »

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
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.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Apr 3, 2019

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 »

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
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 »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 25, 2019

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 »

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1 Answer | Asked in Estate Planning for Florida on
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.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 21, 2019

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 »

1 Answer | Asked in Estate Planning and Probate for Florida on
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

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 15, 2019

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.

2 Answers | Asked in Real Estate Law and Probate for Florida on
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... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 4, 2019

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... Read more »

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2 Answers | Asked in Probate for Florida on
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 »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 2, 2019

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... Read more »

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1 Answer | Asked in Elder Law for Florida on
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!

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Feb 24, 2019

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 »

3 Answers | Asked in Probate for Florida on
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

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Feb 14, 2019

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... Read more »

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2 Answers | Asked in Estate Planning for Florida on
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

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Feb 12, 2019

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... Read more »

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2 Answers | Asked in Family Law, Appeals / Appellate Law, Probate and Wrongful Death for Florida on
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 ?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 31, 2019

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...
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2 Answers | Asked in Probate for Florida on
Q: How do you find out a deceased persons debt
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 22, 2019

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... Read more »

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1 Answer | Asked in Probate for Florida on
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 »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 21, 2019

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 »

2 Answers | Asked in Probate for Florida on
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... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 10, 2019

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... Read more »

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3 Answers | Asked in Probate for Florida on
Q: My spouse dies and has no will but she has a sibling from previous marriage? spouse’s sibling rights upon death?

Do I need a will for protection from sibling probate?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 9, 2019

A sibling does not have rights to a sibling's estate when there is no will unless they are the heir at law. The intestate statute provides that the surviving spouse is an heir at law. If there are children from a previous relationship (not also the children of the surviving spouse), then the... Read more »

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4 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a quick claim deed be done if I want to "sell" a house instead of going into probate?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Dec 10, 2018

If you are a homeowner and you want to avoid probate of your estate when you die, there are several estate planning techniques you may want to discuss with an estate planning attorney. One option is to create a revocable trust and fund the trust with your real estate. Another option is to execute... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: If a house is left to three people in a will, does it need to go into probate to be sold?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Dec 10, 2018

Yes, short answer is yes. Longer answer is if the property is only in the deceased person's name on the deed, then you will need to open an estate to transfer the property to the heirs with or without a will. Having a will only does not avoid probate.

If the house is homestead property...
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1 Answer | Asked in Estate Planning for Florida on
Q: Can I contest my mother's will before she passes away?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Nov 30, 2018

The short answer is "No." A will is not a person's last will until they have passed away. If there are any other financial issues of concern such as elder fraud or abuse, you should contact the department of children and families elder abuse hotline or an elder law attorney.

2 Answers | Asked in Probate for Florida on
Q: i was named PR by court order. my brothers keep ignoring the court order and are selling my dad's personal belongings.

the brothers are selling personal property (furniture, appliances, etc.) and not giving me the money to put with other estate assets to be shared among all the heirs, they are keeping whatever money they can get for the items. What can i do?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 23, 2018

Work with your attorney to get an injunction or a writ from the judge.

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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I purchased a house in FL, but I noticed that they did not put my wife's as co-owner and her name is not on the deed.

Will to this property go though probate court if I pass away?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Oct 23, 2018

Yes, if you and your wife do not re-execute the deed and transfer the property from you (with her joining you as spouse as to homestead property) back to you and she as husband and wife, then upon your passing, the property would go through probate. Unless you have a will leaving the property to... Read more »

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