Lawyers, Answer Questions  & Get Points Log In
Florida Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: Can the concept of apparent authority apply to a medical POA?
Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Apr 7, 2021

There is no concept of apparent authority for a POA unless there are documents indicating the person that is giving the authority is incapacitated and has indicated previously prior to incapacity that they wanted someone else to handle their affairs.

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: On March 31st my fiance passed away and her daughters are coming through the house throwing stuff away

Like it was their own stuff now I've been here for 7 years living in this house though we were never married do they have a legal right to come in this house when there is no last will or a will written out saying that the house belongs to them? Or do I get the house?

Nina Whitehurst
Nina Whitehurst answered on Apr 4, 2021

I hate to be the bearer of bad news, but if your fiancé had no will, then you did not inherit anything. Your fiancé‘s children most likely are the sole heirs of everything she owned. That said, they most certainly do not have the right to barge in and start taking things until the court has... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: FL Intestate succession when decedent and descendants have passed. Who has claim to estate?

Decedent had no will at time of death and surviving son never had deed/title changed. Now surviving son has passed. Decedent was divorced from Son's father when she purchased estate.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 29, 2021

The Florida Intestate Statute will help you determine who are the heirs. If the son survived the decedent and then died, and the son was the mother's only heir, then the son's estate is the heir of the mother's estate. You would then be asking the question, who is the son's... Read more »

View More Answers

1 Answer | Asked in Estate Planning, Family Law and Elder Law for Florida on
Q: My friend had 2 place her daddy in a facility, SHE asked me 2 move in her daddys place , in order to keep her

homestead exemption going.. ? she hired a lawyer for his estate & THEY SAID no one can rent or live there. because it , would not meet medicare restrictions , she would not recieve payments for her daddys care in the facility ?... IS THIS TRUE OR FALSE ?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 23, 2021

It is true that her father would lose his homestead exemption and the value of his home would then be a countable asset for Medicaid purposes (not Medicare) and be subject to claims after his death if the home is rented to an unrelated third party. A child or grandchild can reside in the home and... Read more »

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?
Evelyn Suero
Evelyn Suero answered on Mar 9, 2021

In Florida, all assets belonging to the estate of a decedent (ie. titled in the name of the decedent) will typically undergo probate administration. A last will admitted to probate is used to determine the beneficiaries of the estate. A last will does not avoid probate. On the other hand, for... Read more »

View More Answers

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... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Mar 6, 2021

Most probate matters in Florida will require a Florida Probate Attorney. The bank will not let you access those monies until some version of probate is completed if your in-law was not on account or not named as the pay on death beneficiary. Since the estate may be small enough, you may be able too... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Florida on
Q: I am being deposed by the plaintiff in a lawsuit were I am not named as a defendant. Am I entitled to travel expenses?

The deposition is in Oklahoma and I live in Florida. Airfare, car rental, and motel expenses plus more.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 5, 2021

Is the case one in an Oklahoma court? If so, you should ask your question in Justia > Ask a Lawyer > Oklahoma, but if you were subpoenaed, you probably can get the subpoena quashed.

3 Answers | Asked in Estate Planning for Florida on
Q: My girlfriend mother passed away and left a home wit no will, she has not paid the mortgage since October, can she sell

The house if she gets a probate lawyer to change it over to her name and it there a flat fee for this service, or what would she pay, we spoke to a lawyer who’s asking for $700 as a retainer and $4100 once the property is sold

Evelyn Suero
Evelyn Suero answered on Mar 3, 2021

She will likely be able to sell during the probate proceedings. Probate attorney fees vary. You may contact me for more information.

View More Answers

2 Answers | Asked in Estate Planning for Florida on
Q: Does the Successor Trustee have to provide an accounting once per year to a beneficiary of a voluntary trust?

The trust in question was set up by my wife who was found to be incompetent by two physicians and replaced by the Successor Trustee. I am a beneficiary of the Trust. The successor Trustee says that she need not provide an accounting unless my wife predeceases me. Is she correct?

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 3, 2021

I think that it would depend on if you could make a credible argument that the trust has become irrevocable due to the incapacity of the grantor and thus you are now a qualified beneficiary who has a right to an annual accounting even though the grantor is still living. I would recommend that you... Read more »

View More Answers

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

Mom is in her 80's and we first need a power of attorney to be recorded so that I may legally manage all her finances/accounts as well as update her Last Will &... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2021

Look for a local estate planning attorney that offers a free consultation. These are all good questions that should be discussed and explained verbally.

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: What kind of action can I take in order to get my portion of money that my father left behind after he passed in 2000?

There is no will, the deeds to the house/property has forged signatures but there are two "executors". I guess they were in charge dispersing the assets/money evenly between me and my siblings.

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 21, 2021

In Florida, what is called an executor elsewhere is called a "personal representative". If the PRs submitted a petition in court to "probate" your father's estate, you would file a motion in that court. You would need an attorney.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My Dad is in nursing home and mom has 3 months to live (cancer) and wants to gift house to her brother. Can she do that
Phillip William Gunthert
Phillip William Gunthert answered on Feb 21, 2021

Probably not if the property is Homestead Property. A surviving spouse has rights to a Homestead Property unless a prenuptial or postnuptial agreement is signed. As a general rule, a parent is able to leave their assets including a home to whomever they wish as long as there is no surviving spouse... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: to bypass probate on joint banks accounts - do you just add JTWROS after each signature on the account

bank account jointly owned by husband and wife

Phillip William Gunthert
Phillip William Gunthert answered on Feb 17, 2021

The Bank should have a form specifically that addresses this or you can write that these are specifically JTWRS accounts or you can do a beneficiary designation or if husband and wife Tenants by the Entirety account would work. Usually if you speak with the banker they can help you with this at the... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: how do my wife and I bypass probate for our house and bank accounts
Phillip William Gunthert
Phillip William Gunthert answered on Feb 17, 2021

While estate planning is and would be helpful for a number of other reasons besides bypassing probate (Durable Power of Attorney, Living Will, Will and or Trust, Florida Healthcare Surrogate, HIPAA Waiver, Nomination of Guardian, Final Disposition and so forth) and would allow you to make decisions... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: can you ask for inheritance after 13 years in SC?

My stepmother passed in 2007. House was not paid off at the time, and her son was in prison. In 2020 he was released from prison and now wants half the house. Is this possible in SC. I know heirs get half and they split that but the other 3 heirs do not want the house or anything to do with it... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 13, 2021

This issue would be decided under South Carolina law, not Florida. Ask there. Good luck.

View More Answers

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My sister is trustee on our dad's estate. We're estranged and she has a life threatening illness. Next steps for me?

How can I protect my rights if she passes? Would the trustee status pass to me, since she and I are the only siblings? I'm in Florida, she and my dad's estate are in New Jersey.

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2021

The trustee status would pass to the person who is listed as successor trustee in the trust instrument. If no successor trustee is named, then you would have to petition the court to appoint you.

View More Answers

1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: My parents live in PR. All of their retirement assets are in the US. If one of them dies what is the tax they will pay

I've heard that there is a $60k Exemption and everything else is subject to a 40% tax

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 4, 2021

Chances are that their estate and their heirs would be subject to Puerto Rican estate taxes and / or inheritance taxes, as well as to US federal taxes. But to be sure you should ask this in Justia > Ask a Lawyer > Puerto Rico; what does it have to do with Florida?

1 Answer | Asked in Estate Planning for Florida on
Q: need a declaration of heirs lawyer
Phillip William Gunthert
Phillip William Gunthert answered on Jan 18, 2021

I would encourage you to contact a Florida Probate Attorney as they will be able to help you and help you determine what needs to be done and the type of probate, if any, that needs to be done. An Affidavit of Heirs often needs to be done if there is no Will and an Intestate (without a Will)... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: if there are 4 siblings and 1 resides on estate property can he be made to move
Phillip William Gunthert
Phillip William Gunthert answered on Jan 15, 2021

Yes, if probate is complete then you can pursue a potential partition action (avoid it if you can) but you should try to reach reasonable resolution and agreement first. Probate should determine who owns what and then siblings buy out one another with refinance or other options, if nothing works... Read more »

1 Answer | Asked in Contracts, Estate Planning and Antitrust for Florida on
Q: Moms trust states no heritance until I work 1 year, I get ssi I've tried to work, can't mentally disabled. What 2 do

It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.