Great question! To ensure your home does not go through probate after your passing, there are a couple of effective options available to you. At Hadeed Legal, we often recommend two approaches for situations like this:

Create a Trust: One of the best ways to avoid probate is to set up a... View More

If there is some written documentation regarding the arrangement you and your brother agreed to, it is possible that you can keep the house. The written agreement can be in text messages, emails, or any other form of writing. Without that, your brother's children will inherit his 50% of the... View More

In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More

Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:

Exempting the land: If the land is essential... View More

You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as... View More

Assuming the mother was a resident of Florida when she died, a Florida probate case probably must first be filed. He, of course, would need an attorney licensed to practice law in Florida.

It depends on the language in the Power of Attorney. You should consult with a lawyer who handles probate and real estate. If the person with the POA changes the will and deed to benefit themself at the exclusion of others it might be subject to challenge.

It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More

If your parents are deceased and this is in Florida then the Will must be submitted to the clerk of the court in the county where they lived within 10 days of death per Florida Statute (nobody holds you to that deadline), but the Will must be submitted, you can then get a copy of it from the clerk.... View More

The will should have the signatures of witnesses and of a notary public. You can ask those people what they recall. The notary may have a journal in which the details of the notarization might be recorded. If you want to dispute the will in court, your attorney may well want to take depositions... View More

Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's... View More

Listing assets on the Schedule A with the exception of listing "all of my items of tangible personal property" does not in fact fund the trust with anything. It is essentially there to show there is $10.00 in trust at the beginning so that the trust is not empty. The trust is actually... View More

If the mother is alive then consult with a real estate attorney who litigates. If not, speak to a probate attorney.

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 22, 2024

Removing him from the deed will require his signatures. This is exactly why I advise my clients never to “add” children to their deeds. This is a classic do-it-yourself estate planning mistake that might conceivably cost you way more than you would have spent on proper estate planning. If your... View More

Florida’s elective share law provides a safety net for a surviving spouse who has been cut out of the deceased spouse’s will or left a very small portion of the estate.The elective share is a percentage of the deceased’s estate that the surviving spouse may claim, regardless of the terms of... View More

This is a Georgia Corporate Law question. Please pose it to Georgia lawyers who practice corporate law.

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

Jacqueline Alicia Salcines Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

This is a question that would need to be answered by a Rhode Island attorney as it is the law of the jurisdiction where the testator resides at time of death that would be applied. As an example, Florida law states that a personal representative (executor) must either be related by blood or... View More