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Florida Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can attorney fees be paid at concluding of probate as part assets

Home we live and homestead so car and home exempt only title name change and account all need do so

MY MOM ASK ME BEXECUTOR FOR HER IM NO LAWYER BUT HAVE EXHAUSTED MY CASH TO PAY FOR CREMATED STILL NEED HAVE SERVICE BUT NEEDTO HANDLE HER PROBATE BCUZ DIDNT HAVE ENOUGH TIME GET DEALT WTH... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 16, 2024

If you or anyone else has gone out of pocket for final expenses such as funeral expenses or attorney fees, and there is no cash in the estate, yes, when the property is listed and there is an upcoming closing, the people who paid final expenses can be reimbursed on the closing statement as a... View More

1 Answer | Asked in Estate Planning, Criminal Law and Libel & Slander for Florida on
Q: Family member has died. Family member named one person as beneficiary. Advice appreciated.

A close family member has died. Only one person was named beneficiary of the estate. The beneficiary truly loved the family member that died and took care of that family member with good intentions for a long time. Other people in the family did nothing to help the grantor when he was very sick and... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 14, 2024

There is nothing the toxic family members can do, but if they keep it up, the person being slandered can consider getting a civil litigation attorney and filing suit against them for these behaviors, at best it may be to just ignore them if possible and hopefully they will tire, if not, then... View More

2 Answers | Asked in Real Estate Law, Contracts, Estate Planning and Probate for Florida on
Q: After a mortgage holder has died, what happens to the mortgage? Thank you.

If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 14, 2024

The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Complicated probate

I have a very complicated situation involving probate. My mother passed and left everything to my father and then he passed and left everything to my brother and I. They passed so soon that money kept coming into the estate. Long story short, the probates were in two separate states, mo and fl,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 12, 2024

Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: Sister is living in mom’s (deceased) home and she wants 2 other siblings that don’t live ther to pay 1/3 of the mortgage

My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 30, 2024

The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Do I have to give my sister this money?

We’re currently going through probate and she’s demanding that I hand over half of the money I got from my utilities deposit checks even though she wasn’t a member of this house hold. The first check was made out to me, and the second was made out to both me and our father. Please note that... View More

Cesar Mejia Duenas
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answered on Sep 2, 2024

You generally don't have to give your sister money from the utility deposit checks, especially if she wasn't part of the household. Since the first check was made out to you, it's yours. The second check, made out to you and your father, might be considered part of his estate, so it... View More

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What happens to a mortgage after mortgagee has passed. Thank you

Thank you for reading my question. What happens when a mortgagee has passed? Is the mortgage paperwork redone so the beneficiary of the property becomes mortgagee, or can it be left as is, with the original mortgagee? Thank you for any advice.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 19, 2024

The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.

1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: What is the process for transferring property in Florida? Thank you.

I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.

Cesar Mejia Duenas
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answered on Sep 2, 2024

Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.

i. Warranty Deed: Provides the highest level of protection,...
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1 Answer | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: Does warranty deed need signatures of both trustees? Thank you.

Thank you for reading my question. My father passed recently. His lawyer and I are both trustees for his Trust. I need to transfer his house into my name. Lawyer 1 is suggesting only I should sign the warranty deed. Lawyer 2 is stating we both have to sign, since we are both trustees. I appreciate... View More

Anthony M. Avery
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answered on Aug 19, 2024

Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mother's estate is currently in probate and my sister is trying to take over my share of the inheritance as well.

My mother died intestate leaving myself and my sister as the sole heirs. My sister,whom for the prior thirty years was estranged became the executer of her estate. She then somehow managed to get my mother's house retitled from my mother and deceased grandfather to now showing herself and my... View More

James Clifton
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James Clifton
answered on Sep 10, 2024

Given the situation you're describing, here are some key points to consider:

Intestate Succession: Since your mother died without a will, her estate would typically be distributed according to Florida's intestate succession laws. If there's no surviving spouse, the estate...
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1 Answer | Asked in Estate Planning for Florida on
Q: I think I might have been cheated out of an inheritance. How do I find out?

My father passed in April ‘22. I’ve never been sure about what his will said, but the family deal was that we split proceeds x6. I suspect my stepmom changed her will to cut out my brother and I, dad’s only true blood. Stepmom passed this year, and I haven’t heard anything from anyone.... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 5, 2024

I am sorry for your loss and please accept my condolences for you and your family.

Generally, a family deal or promise or similar never works out, it has to be in the estate plan (Will/Trust/Pay on Death Designation or similar).

If there was a Will and probate with your Dad's...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mom passed away in May and now my stepfather has my personal belongings and family hairlooms. What are my rights

I just want some advice as to what my rights are

James Clifton
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James Clifton
answered on Sep 2, 2024

If the items in question belong to you personally, your stepfather should not withhold them from you.

You have the right to request the immediate return of your personal property. For items that belonged to your mother and were family heirlooms, the distribution depends on whether she left...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If a personal representative is removed by the court, does the estate attorney get removed as well?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 2, 2024

Generally, an "estate attorney" represents the personal representative. So, if the PR has been removed, the attorney's client is no longer a party to the case, assuming the former PR is not also an heir. If that assumption is incorrect, the attorney would still represent the former PR.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: As beneficiary of my moms savings. Her visa debt equals her savings balance and is held by the same credit union.

Does CU have right of offset? Or can I pay for cremation with her funds?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2024

The credit union may offset and pay her credit card debt with her savings.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Trust Administration advice needed. Thank you.

Can the lawyer that organized a Trust, also help the family with Trust Administration years later after the Grantor has passed, or is it necessary to have a different lawyer for the Trust Administration. Thank you for considering my question.

Edwin Christian Cisneros
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answered on Jul 18, 2024

It can be the same lawyer who drafted the trust or another lawyer. There is no legal requirement that it has to be the same lawyer.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I received a "Notice of Entry" from the court in Missouri after my sisters passing, and I don't know what to do with it?

The notice states: "You are hearby notified that the court entered the following: Certificate of Death and it has a Judge/Clerk note that reads "Court reviews notification of the death of the protectee. Conservator shall file final settlement within 90 days of the date of death of the... View More

Anthony M. Avery
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answered on Jul 16, 2024

Hire a MO attorney to check the out the Conservatorship Court File, especially the Final Settlement. Probate may be needed now. You may or may not be a potential beneficiary of her Estate.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Should I get my own probate attorney?

My brother and I decided to go to probate together. But I am noticing that it seems the attorney is only representing him and not both of us since they sent me a waiver that seems to place everything in his hands. Our mother didn't want to leave him anything. She wanted to leave me what she... View More

Edwin Christian Cisneros
Edwin Christian Cisneros pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

The attorney cannot represent you and your brother together unless you both sign a waiver waiving any conflict of interests. Although you seem to say that you and your brother decided to enter the probate together, it seems that he is being appointed personal representative and the attorney is... View More

1 Answer | Asked in Estate Planning for Florida on
Q: Do simple wills need to be notarized in Florida?

I have a simple will that was signed by myself and two witnesses that are not in the will. I did not get this notarized

Edwin Christian Cisneros
Edwin Christian Cisneros pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

No, there is no legal requirement that a will be notarized; however it is good to have a will notarized in what is called a self proving affidavit so that one of the witnesses does not need to be called when you die and the estate is probated. Nevertheless, the will is good as is.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can the executor who was appointed by the heirs as there was no will for an estate,

Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida

James Clifton
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James Clifton
answered on Jun 8, 2024

Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:

Duties of the Personal Representative

Fiduciary Duty:

The personal representative has a fiduciary duty to act...
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2 Answers | Asked in Family Law, Estate Planning and Elder Law for Florida on
Q: My father signed a new will several times. We were unable to have it. notarized or witnessed. He is dying. Thank you.

We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.

James Clifton
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James Clifton
answered on May 26, 2024

If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.

Schedule a free consultation to make sure your father's estate plan is formalized...
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