answered on Feb 9, 2022
A properly prepared and recorded quit-claim deed will pass title to the property from one party to another. If done during her lifetime, she will lose her homestead and/or widow exemption, if applicable. Based upon the value of the property, if in excess of $16,000, you will need to report the gift... Read more »
She transfered all of her real property to other family members before her death including her home.
answered on Jan 31, 2022
If she died with no assets titled in her individual name then no probate is required in the state of Florida.
My mother has a durable poa from my father. My father has had a stroke but is not fully incapacitated. My mother needs me to take over many of the tasks. Since my mother has poa from my father could she, as his representative, sign a poa in his place given me poa for my father?
answered on Jan 26, 2022
Depending upon the verbiage contained within your father's POA, she may be able to appoint you as her agent/representative to handle certain matters on her behalf. However, she cannot sign a POA over to you.
Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?
answered on Jan 25, 2022
When you use the word "partner" I am assuming that you were not married to them. If that is the case unless your name was on the title or their Last Will and Testament left you rights to the property, then you have no legal rights. I can start eviction processses to remove you if you will... Read more »
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?
answered on Aug 10, 2021
What did your divorce decree state with regard to the mortgage? Did he have to refinance it? You need to get yourself removed from the mortgage, and the sister needs to refinance the house. How is your name on the mortgage and not the title? I cant tell you what to do, but if she sells it will... Read more »
answered on Jul 29, 2021
You can do it yourself, but you run the risk it will not be done in accordance with Florida Law and be invalid. I highly recommend that you utilize the service of a respected attorney to make your changes to ensure they are done correctly and honored at your death.
My father owned nothing in Florida except debt when he died. He had debts to at least a credit card, a mattress company, a car loan, and apparently a sizable sum to the IRS.
He had around $900 in his checking account.
Is it in anyway wise to hire an attorney in Florida, or should I... Read more »
answered on Jul 14, 2021
If the real property is located in LA, you need to conduct probate in the appropriate Parrish.
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 »
answered on Jun 21, 2021
You will still need to obtain a determination from the court that the residence was the decedent's homestead, and exempt from creditors, at their death. The prenup will be utilized to evidence that spouse waived her interest in the homestead and why it should pass to those designated under the Will.
answered on Mar 9, 2021
A deed of that nature would allow you to avoid the administration, through probate, of the property at your death. Some attorneys utilize them while others do not. Please consult with an estate planning attorney when making a decision to utilize a deed of this nature.
My Brother in Law passed and my mother in law is taking care of everything, he left a simple will which we filed with the courts stating everything goes to her, She is currently trying to get access to his bank account but the bank is saying the will doesn't state his finances the Bank says we... Read more »
answered on Mar 9, 2021
Under Florida probate law, the matter could be handled in one of three (3) methods. If the value of the bank account is less than or equal to the funeral bill it can be handled through the simplest method. However, a court order will be required for the bank to release the account funds. You can... Read more »
they are 2 be split between 4 children (2 from each spouse) can the surviving spouse legally transfer all funds to one of the children while the surviving spouse is still living?
answered on Dec 3, 2019
To answer your question I need to make several assumptions (never a good thing), however, assuming the surviving spouse inherits the probate assets without any restrictions, they are free to dispose of them during their lifetime as they choose. That can include distributing them to just one... Read more »
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