The terms of the trust itself will address the division of the property and the Trustee is the individual or entity in charge of carrying out those wishes. Those facts will address how the situation may be resolved.

However, you may want to consider some form of alternative dispute... Read more »

Your question does not provide enough information for anyone to provide an answer. For example, we do not know if your husband is still alive or deceased. Either way, however, we also cannot see the precise language by which those bequests were made. The precise wording matters. For example, if... Read more »

I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your... Read more »

Your mother can do whatever she wants and, according to the law, she needs to be the one to prepare her Trust or Will however she wants. If a beneficiary is not interested in taking care of a sibling, it would be better to put that sibling's inheritance in a trust that someone else (a friend... Read more »

Easy to transfer title ownership.

Your father can sign a deed from himself to both his wife and him, and probably as joint tenants, with right of survivorship so that when one dies, the other owns the entire property automatically. He then records the deed. There will be a fee for that by... Read more »

So long as you are the current sole owner of the land, you can lease said real estate to an individual or entity. Nevertheless, a lease contract is temporary by nature. Allowing a third party to erect a permanent structure on your land, of which you're not the owner, exposes you to legal... Read more »

The short answer is 'yes' whenever you open an estate you have to do a LOT of things, including publishing.

The longer answer is -- there are a lot of things that are required, starting with determining whether or not a probate estate is REALLY necessary. How do you come to the... Read more »

Most people will benefit from a Living Trust, coupled with a "pour over" Will (it pours your stuff over into the Trust -- I did NOT invent that name myself). A Trust allows you to plan your estate without it going through the Probate process after your death (even a modest estate without... Read more »

Whether language is contained in the body of a document or in an attachment that is incorporated into the body makes no difference from a legal standpoint. It’s all part of the same document. Yes, your lawyer should have honored your request to draft the document the way you wanted it. But... Read more »

If the life estate deed was properly executed and recorded, and your father has already passed, then, when your mother has passed you, as the remainderman, will be the sole owner. Her will can have no impact on that property, because her life estate ends at her death. In other words, the property... Read more »

The expenses of the estate are paid from Estate assets. The expenses associated with the property before it is transferred to the beneficiary are generally the Estate's responsiblity and not those of an individual beneficiary. The language of the Will may provide more guidance.

If you and your siblings cannot agree regarding the reimbursement, this will be a question that must be presented to the probate court. You would present your case as a subsequent creditor of the estate for estate debts incurred and seek reimbursement. The documentation you have will be helpful in... Read more »

As a first step, I recommend severing the joint tenancy by filing a tenancy in common (TIC) deed. The next step is to create a living trust and then fund the trust with the property by way of a trust transfer deed. This will insure a smooth transfer of the property without probate to your kids... Read more »

The answer would depend on how you and the sister owned the house. If the house is owned as Tenants-in-Common, each owns an undivided interest in the property. The deceased sister's interest would pass through her estate.

If the property is owned in Joint Tenancy with Rights of... Read more »

If the Will is valid the Court will admit the most recent recently executed Will. The Will could be challenged if there is any concern for undue influence, capacity or fraud.

First, call your lawyer and ask why he hasn't followed through. There may be some obstacle that's needs to be removed first, and he's working on it for you. Second, if your lawyer doesn't have a good reason for not following through, find another attorney. You can record... Read more »

If your brother died prior to closing the estate, whomever is named as the alternate executor in the Will needs to apply to be named as executor to handle whatever tasks remain to be completed.

If the family trust is obligated by the trust instrument to pay the taxes, you should approach... Read more »

Please hire an attorney an immediately. You are in way over your head and none of the things you are thinking of filing have any relationship at all to the legal issues at hand. If you continue to play lawyer you are going to lose whatever is left of your case.

I do not recommend you use any assets that are subject to Probate Jurisdiction until the Estate is closed and the funds are properly distributed to you. Otherwise it would be a breach of fiduciary duty, or there might be a late filed Estate Claim, another Will filed, etc.

I'm sorry to hear of your loss.

IF your brother owned the house solely, it will need to go through probate, and his heirs (maybe your mother, maybe not ... it depends on whether or not he had a will, or children, or a spouse etc. none of which you say) so that SOMEONE (be that his... Read more »