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Florida Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning for Florida on
Q: What do I need to do to make a legal document that in case of death of my husband and myself at same time who inherits

We want to make sure legally that only 2 of my children and 1 of his split everything 3 ways and for it to be legally binding

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 21, 2024

It's called a will. It would be best to hire an attorney to do a thorough review of your situation and put together an estate plan.

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Jamy Barreau
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answered on Apr 16, 2024

Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More

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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
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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 Social Security for Florida on
Q: My son is 45 and on disability ss. I would like to be able to leave a small amount of money in a trust for him.

Can I do that without affecting his ss and even though he lives in florida can the person handling the trust live in New york?

James L. Arrasmith
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answered on Apr 11, 2024

Yes, you can set up a special needs trust for your son without affecting his eligibility for Supplemental Security Income (SSI) and Medicaid benefits. A special needs trust, also known as a supplemental needs trust, is designed to provide financial support for a person with a disability while... View More

0 Answers | Asked in Estate Planning, Family Law and Adoption for Florida on
Q: I would like to adopt my husband's adult daughter but I'm a bit confused on one thing...

My husband's daughter by his first wife is an adult in another state. Her mother is deceased. I would like to adopt her officially as I have no children or close blood relatives, for estate planning purposes. But the paperwork suggests that I would legally be replacing both her parents and not... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I'm struggling to find a suitable executor to name in my Will. I'm worried that the courts will not accept my choice.

I am a Florida resident. I'm drafting my will, no descendants, I'm married and my husband's family are the best qualified, but they don't live in Florida. I have nobody in Florida to choose, or blood relatives anywhere that would take the job. It's my understanding that I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 10, 2024

You can always name a financial institution like US Trust, B of A, Wells or Chase. I would reach out to them to see if they would consent to such an appointment.

1 Answer | Asked in Estate Planning for Florida on
Q: How can I obtain an affidavit that states the estate is not indebted. I have a will leaving everything to me.

I need it to get the car title put into my name

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 9, 2024

It depends on the type of assets that will be part of the estate and what their overall value is which will determine the type of probate, if any, is needed and applicable. The Will may need to be probated and in order to do a probate you likely will need a probate attorney based on the type of... View More

0 Answers | Asked in Estate Planning and Probate for Florida on
Q: my grandfather passed in 2015 my trustee has never given me any paperwork. I have no idea what I'm entitled to .plz help

there are businesses, properties,etc. the trustee is hard to get ahold and basically will not answer any questions I have never been given any paperwork, an accounting of any money in/ out. I feel she is not acting in my best interest.it was my understanding that if something is sold I have to sign... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: I have an enhanced life estate document that was notarized for my father's house. the notary acknowledgment may incorre

the notary acknowledgment may incorrect. The “forgoing instrument” is missing and it only says the person is known to me and produced a drivers license. Is that ok and is the document valid. I live in Florida.

James L. Arrasmith
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answered on Apr 16, 2024

In Florida, the notarization of documents, including enhanced life estate deeds, must adhere to certain standards to ensure their validity. A key element of notarization is the acknowledgment section, where the notary confirms the identity of the signer and that the signer understands and willingly... View More

0 Answers | Asked in Estate Planning for Florida on
Q: I live with, care for and pay bills for my elderly step-dad. But my step sister (out of state) is set to get my home.

My step-sister sells life insurance and is set to get my step-dads house when he passes. I think she may have prepared

his will. He never adopted me I was 19 when he married my Mom.

Do I have any rights? Ive paid on the mortgage and property taxes (1/2 of each )for 6 years,... View More

0 Answers | Asked in Estate Planning for Florida on
Q: does my medical advocate need to be in the same state where I live?

I live in florida and my 1st choice medical advocate is in Michigan. Is that legal?

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
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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.

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
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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: estate

My boyfriends will is in his family possesion. I believe its on his phone. He commited suicide this month and the family wont share the will with me. Is there anything i can do?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 22, 2024

It's almost impossible that such a document, on a cell phone, would stand up in court. A will has a number of requirements, including the requirement that it be signed by the testator, signed by witnesses, and be notarized. So, it is very doubtful that you can inherit anything unless a... View More

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
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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: How easy/ quick is it to ADD a beneficiary to a WILL & TRUST?
Phillip William Gunthert
Phillip William Gunthert
answered on Mar 18, 2024

You will need to have a Florida Estate Planning Attorney look at and review the Will and or Trust and see what can be done and under what circumstances. Hopefully the grantors of any Trust or any other estate planning documents are alive and have proper mental capacity, in addition, they will need... View More

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

Jamy Barreau
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answered on Mar 29, 2024

I think more information is needed to give a proper response here. How assets are titled is very important in trust planning. If assets are not appropriately titled in the name of the trust, it could lead the trust to not having authority over the particular asset. I would suggest meeting with an... View More

1 Answer | Asked in Estate Planning for Florida on
Q: If I change the deed on my New York property to my Florida address, will I have to pay property taxes in Florida as well
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 7, 2024

You should ask this question in Justia > Ask a Lawyer > New York, insofar as it pertains to what property tax would be due the taxing authorities in New York. Neither the State of Florida nor your Florida county would impose a tax on New York real property.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Father passes wife alive with 3 adult children but one passed away leaving 2 adult children & husband. Division? No will

PR LAW... Each child was granted property while father was alive now 3 rental properties remain. Heard there is a new law. Can you say what percentage to each?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 4, 2024

I am very sorry for your loss and please accept my condolences for you and your family. When there is no Will, then the Florida Intestate Statutes (without a Will) will apply. If all the children are from this marriage, then the surviving spouse inherits everything. You will need to speak with a... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If mother died, no will but was married but husband had abandoned the estate after selling everything,

Can the children get the land put in their names , bypass the husband if he's with another and left county, destroy everything on land before leaving, one kid still stays on land and kept it from being condemned for everything the husband done prior to abandoning a junk yard, and sold... View More

James L. Arrasmith
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answered on Mar 1, 2024

In cases where a spouse dies without a will, known as dying "intestate," the distribution of the estate is subject to state laws. Generally, the surviving spouse is entitled to a portion of the estate, with the remainder distributed among the deceased's children. However, if the... View More

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