Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Marc J. Soss
1 Answer | Asked in Estate Planning and Communications Law for Florida on
Q: Please help. My sister Pat was Executrix for father's estate. She altered the will trying to get more money.

She took from sister Jo, but I fought it in court and won. Now our brother died, leaving no will. Pat and her corrupt buddy Lynn applied to be Personal Representative, while my sister Jo and I went for it. Unbelievably the judge gave it to Pat & Lynn after they altered my father's will a... View More

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Apr 15, 2024

Is the proceeding in Florida or New Jersey? You may have a legal basis to Appeal the ruling, if it fits within guidelines. Otherwise, you can Petition for removal based upon the presentation of your evidence. Good luck.

1 Answer | Asked in Estate Planning and Collections for Florida on
Q: Florida residents IRA protection

Are the assets in an IRA owned by a Florida resident protected from liability judgement when the IRA is registered with a Minnesota institution?

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Apr 2, 2024

The location of the institution has no bearing on its protection, what is important is your state of residence. Not many institutions are located or headquartered in Florida.

1 Answer | Asked in Estate Planning for Florida on
Q: Is it illegal for Benefits/insurance company to give out policy information and account balances to non beneficiaries?

Not sure if I need lawyer, step family hasn't left me alone, planning funeral using all funds from life insurance policy, that they are not beneficiaries to.

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Apr 2, 2024

Absolutely yes. If you are the sole beneficiary, the information can only be given to you.

1 Answer | Asked in Estate Planning for Florida on
Q: If I have a Florida durable power of attorney for health care can my patient advocate be in another state?
Marc J. Soss
PREMIUM
Marc J. Soss
answered on Apr 2, 2024

Your advocate may reside in any state or country. There are no restrictions as far as residency or relationship.

4 Answers | Asked in Probate for Florida on
Q: Father passed away. He left me as beneficiary on bank account and his stocks. Is this able to be contested by siblings ?

What are the tax implications after receiving beneficiary funds?

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Nov 16, 2023

Unfortunately, nothing prevents them from challenging your designation with each institution. There are no tax implications if the amount received is under the unified credit amount.

View More Answers

2 Answers | Asked in Estate Planning for Florida on
Q: Pre-marriage home owner here (in my name), if I pass away does the house go to my spouse now or do I need a new deed etc

To be clear, I inherited the house years before I met my wife. The house is in my name only. I've now been married to her for 6 years. Do I need to do any kind of transfer, or legal procedure before I pass away?

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Oct 25, 2023

If the home is your primary residence, under Florida law your spouse can elect either a 1/2 ownership interest or a life estate. If you leave your entire estate to your spouse by Will, the above would not apply as he/she would be receiving the entire asset.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a personal representative be named by the court in a summary administration in Florida?

I was named as the PR for my deceased mother in her will. The other beneficiary hired a lawyer and that lawyer petitioned to be named the PR instead of me. I was forced to object, had a hearing and the result was a conversion to summary administration. I was under the impression that no... View More

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Oct 25, 2023

A Personal Representative is NOT named when you utilize Summary Administration in Florida.

View More Answers

2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Probate for Florida on
Q: Do I need to contact my local law enforcement if I believe my signature was used to forge petition to the court

I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Sep 27, 2023

If your name / identity was forged I would highly recommend that you not only contact law enforcement but the judicial system in which the event occurred. Depending upon the amount in question, it could be a very serious crime.

View More Answers

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: What should I expect in a probate hearing?

I am the person named in my mother's will as her personal representative. I have spent the last several months sorting through her affairs, making repairs to her house, distributing inheritances and insurance policy claims, paying for and arranging the burial, dropping off the will at the... View More

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Sep 27, 2023

I highly recommend that you engage legal counsel before the proceeding. They may advise you best how to proceed based upon your specific circumstances, especially if there are no assets in the probate estate.

View More Answers

2 Answers | Asked in Probate for Florida on
Q: My father passed, leaving my mother. How to transfer title of car to her? No estate/probate, car only asset

He had credit card debt, so a signed affidavit that he had no debt isn’t possible, but everything I read says that affidavit is required in this scenario- but everything I read also says car should be exempt? If car is exempt from credit card debtor, how do we transfer ownership to my mother if... View More

Marc J. Soss
PREMIUM
Marc J. Soss
answered on Jul 20, 2023

In many cases, if the decedent's Last Will left everything to his/her surviving spouse, the DMV will transfer the title to them upon receiving a copy of the Will. The auto is an exempt asset so no creditor claims would attach to it. Try that route and see if they oblige.

View More Answers

3 Answers | Asked in Estate Planning for Florida on
Q: Good morning. I have a question about adding a child to a will. My mother-in-law is 69 yrs old and creating a will.

We all live in Florida. She is asking my husband for his SSN, birth certificate, and driver's license to add him to her will. When he asked her why she needed it, she replied that the lawyer asked for it. She has a tiny estate. Is personal identifying documentation required from your... View More

Marc J. Soss
PREMIUM
Marc J. Soss
answered on May 18, 2023

None of what is being requested is needed by the attorney drafting her estate planning documents. The only information he/she may require is the age of the child.

View More Answers

3 Answers | Asked in Probate for Florida on
Q: Will a Quit Claim deed from mother to son avoid probate upon her death?
Marc J. Soss
PREMIUM
Marc J. Soss
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... View More

View More Answers

3 Answers | Asked in Probate for Florida on
Q: My mom passed away in Florida with a Will and beneficiaries listed on all financial accounts. Is probate required?

She transfered all of her real property to other family members before her death including her home.

Marc J. Soss
PREMIUM
Marc J. Soss
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.

View More Answers

2 Answers | Asked in Estate Planning for Florida on
Q: Poa question

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?

Marc J. Soss
PREMIUM
Marc J. Soss
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.

View More Answers

2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Marc J. Soss
PREMIUM
Marc J. Soss
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... View More

View More Answers

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
PREMIUM
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... View 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
PREMIUM
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... View More

Marc J. Soss
PREMIUM
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... View More

Marc J. Soss
PREMIUM
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
PREMIUM
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

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.