Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Marc J. Soss
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?

Marc J. Soss
Marc J. Soss 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 »

View More Answers

4 Answers | Asked in Estate Planning for Florida on
Q: I want to make changes to my will. Do I have to consult with a lawyer for the changes or what needs to be done?
Marc J. Soss
Marc J. Soss 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.

View More Answers

3 Answers | Asked in Probate for Florida on
Q: My dad passed w/o a will. He owns 100 acres in Louisiana. Do I probate in FLORIDA or LA?

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 »

Marc J. Soss
Marc J. Soss answered on Jul 14, 2021

If the real property is located in LA, you need to conduct probate in the appropriate Parrish.

View More Answers

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 »

Marc J. Soss
Marc J. Soss 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.

View More Answers

2 Answers | Asked in Estate Planning for Florida on
Q: I live in Florida, I have a will, do I still need an Enhanced Life Estate Deed to help beneficiaries avoid proabate?
Marc J. Soss
Marc J. Soss 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.

View More Answers

3 Answers | Asked in Estate Planning for Florida on
Q: How can my Mother-In-Law access her deceased sons bank account?

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 »

Marc J. Soss
Marc J. Soss 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 »

View More Answers

3 Answers | Asked in Estate Planning for Florida on
Q: If a will reads that proceeds initially go to surviving spouse (in Florida) and then, upon death of surviving spouse,

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?

Marc J. Soss
Marc J. Soss 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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.