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Questions Answered by Marc J. Soss
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
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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.

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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... View More

Marc J. Soss
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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... View More

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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
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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... View More

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