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Florida Estate Planning Questions & Answers
2 Answers | Asked in Elder Law and Estate Planning for Florida on
Q: I have 4 sons. 1 son is coming to live and care for me I am 80. When I pass I want to be sure that he can continue to

live in the house until he dies or can no longer then house passes to the other 3

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Jan 28, 2022

You could give the son who is living with you a Live Estate and then have the other sons and him be the remaindermen so they would get the property when you die. This can be done through a deed.

Ellen DeutschTaylor

727 365-3121

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2 Answers | Asked in Estate Planning for Florida on
Q: Poa question

My mother has a durable poa from my father. My father has had a stroke but is not fully incapacitated. My mother needs me to take over many of the tasks. Since my mother has poa from my father could she, as his representative, sign a poa in his place given me poa for my father?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 26, 2022

No.

Your mother cannot lawfully transfer her POA or give you a new POA over your father.

At best, she can hire you to perform some of the tasks that she is supposed to perform.

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1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: I loaned my mother $43,000 at 7% interest 21 years ago secured by a promissory note.

I loaned my mother $43,000 at 7% interest 21 years ago. It was secured by a promissory note and upon her death I would receive payment. Upon her death in October 2021 I was informed that the house she owned could not be used to satisfy her debt to me as we had planned because of the homestead... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 20, 2022

Regardless of what you are being told the $43,000 note from your mother is a very valuable valid debt that should be given to the Judge in the Probate Case.

If there is no Probate case, hire a lawyer to open one yourself. (Anyone can do it, and creditors do it all the time.)...
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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: if 4 heirs agree to sign affidavits to give a house to 1 heir can the court make them sell the house at market value?

same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?

Justin  Stivers
Justin Stivers answered on Jan 18, 2022

If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: I am the executor of my deceased mother’s estate and just settled a lawsuit. I was also at fault in a car accident.

Can the other party go after Money paid to the estate?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2022

No, the assets of the estate do not belong to you. Ask your probate attorney.

2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: I am a low income senior and can't find anyone to notarize the will I created on-line. Who can help me?

I was told there is a new law in Florida stating citizens must use an attorney for notarizing wills. Is this true?

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Dec 27, 2021

Wills must be witnessed by two people and notarized if you are using a self proving clause. You should have your will reviewed by an attorney to make sure it complies with Florida law.

Ellen Deutsch Taylor

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1 Answer | Asked in Estate Planning for Florida on
Q: How long does my son’s estate have to be held by a lawyer?
Phillip William Gunthert
Phillip William Gunthert answered on Dec 24, 2021

You will need to provide additional information and details, is this related to a Will and Probate or is it related to a Trust, also, unless the attorney is also the Personal Representative of the probate estate or the Trustee of the Trust, the attorney should not be holding anything for any... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: My husband had just set up his trust. He hadn’t done his will yet. He passed away suddenly.

His trust lawyer said I needed to hire an estate lawyer for my 11 year old son (at the time). How long does that lawyer control my son’s money? He is now 15.

Phillip William Gunthert
Phillip William Gunthert answered on Dec 24, 2021

It is not even sure that the attorney controls anything, the Trustee of the Trust controls what happens based on the terms of the Trust document, if the attorney is the Trustee, then he will serve in that role, but he must act in accordance with the terms of the Trust. You will need to get a copy... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Check made out to a person dated before their death, but not cashed before their death.

Florida - My mother had a check made out to her on 12/15/2021. The check was a lump sum payout from a pension benefit plan. She passed away on 12/22/21, prior to getting the check cashed. The back of the check says, "This benefit is payable only to the payee named on the reverse side of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 23, 2021

No. Contact the pension plan and ask that it be re-issued to your mother's estate.

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed a few months ago and only listed my little sister on the policy. I am his first born son. Any help

Can I get help with recovering any of the policy payout.

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

I am very sorry for your loss on the passing of your father, please accept my condolences. The only assets that will go through probate are the ones in your father's name alone. If a probate has not been done and there are any assets of this type, they will be handled at that time via the... Read more »

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2 Answers | Asked in Contracts, Estate Planning, Family Law and Banking for Florida on
Q: Hello, My mother who passed away 2 years ago and I opened a bank account in Montreal, Canada 8 years ago.

It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on Dec 15, 2021

You will need to contact a Canadian lawyer but I would definitely not rely on information from a bank employee.

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3 Answers | Asked in Estate Planning for Florida on
Q: I became a resident of Florida. Will the irrevocable trust, which i had done in NY, be binding in the state of Fl?
Phillip William Gunthert
Phillip William Gunthert answered on Dec 11, 2021

While the answer to your question is generally yes. You will likely want to review the Trust and have it updated for the State of Florida if this is now your state of residence and domicile. Unless there is a particular reason or the majority of your assets in NY, you likely need to update it. If... Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can someone claim adverse possession of a property owned by a deceased person?

My father passed in 2012, one of his daughters has been paying the taxes for his home in vacation home in Florida for the past 7 or so years, but has never asserted any actual ownership (while quietly paying the property taxes). On the revenue departments website the account shows "estate of... Read more »

Jane Kim
Jane Kim answered on Dec 9, 2021

Sounds like she could have a viable claim for adverse possession. A lawyer would have to review the facts in detail. And statute of limitations to probate an estate has passed, which is 2 years. I'd still ask a probate lawyer...

1 Answer | Asked in Estate Planning, Banking and Probate for Florida on
Q: What can I doto prove to banks that POA can close CD'S in trust and transfer to trust acc. grantor, bank,trust is in FL

Grantor is in assisted living and can't leave. She has CD'S at many banks held in a grantor trust. She wants POAs to close them and deposit to 1 trust account.

Some of banks are wanting proof of incapacitated from DR. Poa specifically says they can do trust accounts and is not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

1. There is no law or "article" that you can use to "prove them wrong."

2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.

3. If you will turn this around and look at it from THEIR position you...
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2 Answers | Asked in Estate Planning for Florida on
Q: What does it mean to remove from an estate by petition? Ex: if the homestead is removed from the estate by petition?

Setting up attorney agreement for estate management/settlement in Florida. The house is left directly to someone in the Will, but the attorney agreement states, "If the homestead is removed from the estate by petition, it will still be included in the value of the state for fee... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 23, 2021

You should speak with other estate planning attorney's as they bill by the hour or flat-fee for both estate planning and or probate if it is needed. This is a garbage fee if I am understanding it correctly. Florida Law specifically states that the Homestead Property shall not be included in... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: My mother is 88 years old and wants to do a power of attorney to allow me to take care of her financial and medical

Do I need to be present? I live in Hawaii and she is in Florida

Nina Whitehurst
Nina Whitehurst answered on Nov 15, 2021

You do not need to be present when your mother signs financial and medical powers of attorney appointing you as her agent. However, you and your mother both should consider whether it is practical for you to serve in those capacities given the large geographic distance. It is not impossible for... Read more »

1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: Mother put house in trust. She died. Do taxes stay the same in trust and in her name or can city tax reg rates? Rule?

The county wants to charge regular rates with no exemptions the year after she died. The house is still in her name. Is there a law that states when the rates change. The house is still in her name and in the trust just as if she were alive. What rules apply here for Volusia County, New Smyrna... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 15, 2021

Florida's Homestead Tax Deduction only applies to people, not Trusts.

Most if not all countys send notices reminding citizens to register for the deduction on or before March 1 of each year.

If the property had the deduction the year before it will continue--unless changed...
Read more »

1 Answer | Asked in Contracts, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Does a successor agent of a durable POA have rights to serve me with unlawful detainer, original agent is still serving?

My aunt who is successor agent only is trying to steal my home I've lived in since 1993 that my grandmother owns against my grandmother's wishes but unfortunately she has Alzheimer's and my aunt is doing this out of greed with malicious reasons as well as she's very envious of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 15, 2021

If "the judge said [that your aunt] has power of attorney [and that the judge will] probably rule for [you] to move out ...", you should point that out to the judge, obviously.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: Can TBE ownership be utilized for all real estate owned by a married couple or just the marital residence?

NEW JERSEY AND FLORIDA

Jane Kim
Jane Kim answered on Nov 14, 2021

TBE is a method by which married couples can hold the title to a property, any property. It simply provides for rights of survivorship.

1 Answer | Asked in Estate Planning for Florida on
Q: My wife's father died in Ft Myers FL, 3 yrs ago. His attorney was William Meeham who passed away last yr.

What attorney took over Mr Meeham's files as we have an estate question about a CD in my father-in-law's that the bank won't transfer to his surviving spouse?

Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2021

You will likely need to speak with a new Florida Probate Attorney and they can answer or re-open the probate estate if needed and if the issue cannot be resolved without re-opening the estate. If this is a newly discovered asset, will need to be addressed by the probate court, if the asset was... Read more »

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