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Questions Answered by Carol Larmond Grant
2 Answers | Asked in Probate for Florida on
Q: My mother recently passed away at the age of 95 in the state of Florida. I am having a problem with one of her annuities

The company is a well known company that handles pension plans and annuities. I was able to access my mother's accounts online there's well over $100,000 of equity in two accounts. I reported this information almost 4 weeks ago I was told I was going to get a packet of information. I... Read more »

Carol Larmond Grant
Carol Larmond Grant
answered on Oct 11, 2022

I would highly suggest that you do not send them the original copy of any documents that you have regarding beneficiary designation. It might be a good idea to hire an attorney to write them and make an official demand for payment according to the beneficiary designation form that you have. All... Read more »

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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Do you have to file a will in Fl? Everything is left to the husband/wife. House & car is paid off.

Does probate need to get involved!?

Carol Larmond Grant
Carol Larmond Grant
answered on Mar 23, 2022

My condolences to you and your family.

Under Florida law, a Will must be filed 10 days after death. Filing a Will does not mean there has to be a probate administration. I am not sure what you mean when you say "everything is left to the husband/wife." If title to the property is...
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2 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Can a beneficiary request that their inheritance be transferred to an account which is not in their name?

The account was opened by their girlfriend.

Carol Larmond Grant
Carol Larmond Grant
answered on Mar 12, 2022

As the attorney for the personal representative I would also not recommend this action. I know sometimes people are trying to hide money from creditors or the IRS so they avoid getting funds in their names. This of course smells like fraud.

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2 Answers | Asked in Probate for Florida on
Q: Brother died. ins.insurance says to Estate of. For $2,000.00. I am only heir and not beneficiary. Is Probate needed?

I was his Legal Guardian and he lived with me. There was never an estate. Someone must have done it as he needed care all of his life.

Carol Larmond Grant
Carol Larmond Grant
answered on Jan 14, 2022

I am sorry about your loss. There are ways to get this done with a small administration by the statute. Who paid the funeral expenses? Check with the clerk of court in the county where you live.

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3 Answers | Asked in Probate for Florida on
Q: I put personal money in an estate acccount, what do I need to do? Am I going to jail or contempt of court? Or worse

I am the executor of my moms estate.

I am also beneficiary of stocks and were transferred to my account as soon as the death was reported.

As the executor I was told all assets need to be distributed equally. So as soon as I got the stocks I sold them and put the money in the estate... Read more »

Carol Larmond Grant
Carol Larmond Grant
answered on Jan 2, 2022

It sounds like there are some misunderstandings about your role and duties as a personal representative. The first thing you should do is reach out to your attorney to get clarification on this issue. If you don't have an attorney you should hire one right away. In the meantime, you should... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed a few months ago and only listed my little sister on the policy. I am his first born son. Any help

Can I get help with recovering any of the policy payout.

Carol Larmond Grant
Carol Larmond Grant
answered on Dec 17, 2021

The insurance proceeds pass according to the designated beneficiary thereby avoiding probate. Of course, if there was some fraud related to the signing of the beneficiary form or if your father was incapacitated at the time the form was signed you might have an argument. Please know that this is a... Read more »

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3 Answers | Asked in Business Formation, Contracts, Mergers & Acquisitions and Probate for Florida on
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT

DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE

Carol Larmond Grant
Carol Larmond Grant
answered on Dec 16, 2021

Firstly, I am glad you are trying to get clarity on the issue. The most important question is whose name is on the title of the property. If the home is titled solely in your dad's name or titled as tenants in common with someone else more than likely a probate case will need to be initiated.... Read more »

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4 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Ex died leaving a house he received in divorce to his sister. Im still on the mortgage. Who pays and what happens to

mortgage? I can't have late pmts on my credit. She will probably want to sell. Should I try to buy her equity and continue mortgage?

Carol Larmond Grant
Carol Larmond Grant
answered on Aug 10, 2021

When you say he left the home to his sister was this by Will or Trust? Was the home his homestead? If the home was given by Will then the property would need to go through probate. If the home was his homestead, and if he was not survived by a spouse or minor child then the gift might be valid.... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: Is one able to transfer a registration, license plate and title to a trust or does it need new plates and registration?
Carol Larmond Grant
Carol Larmond Grant
answered on Aug 9, 2021

I would not recommend placing a vehicle into a Trust because of liability reasons. If there is an accident involving the vehicle, the injured party might file a lawsuit against the Trust. Also, an insurance company might not want to insure a vehicle titled in the name of a Trust. In Florida, it is... Read more »

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