It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More

I’m very sorry to hear of the passing of the father of your children. In a nutshell, in the State of Florida any settlement for a minor when the case is in litigation must have court approval and usually all funds over $15,001 are put into a protected account for the child. Even if the case is... View More

Sorry to hear about the tragedy that has affected your family. If the children are over 18, each of them will be able to receive their portion without the necessity of a trust or other protected account being set up. If they are under 18 and the amounts received are over $15,000 or the total amount... View More

You likely need to check with the clerk of the court in the county where the probate took place and or you will need to work with a Florida Probate Attorney in order to draft these and or any other documents that may need to be filed related to probate matters.

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answered on Aug 23, 2023

In Florida, to obtain a sworn copy of a will and an affidavit that the estate is not indebted, you would typically need to go through the probate process. The probate court oversees the distribution of a deceased person's assets and ensures that the terms of the will are carried out.

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answered on Aug 21, 2023

It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.

The burden of proof falls on the accusing party but they only have to prove that by a margin greater than 50%, in other words, that it was more likely than not that the funds were wrongfully taken. If there are no witnesses and no written communications memorializing your parent's desire to... View More

A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More

If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More

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answered on Aug 8, 2023

In a ladybird deed (enhanced life estate deed) in Florida, the grantor is typically the person transferring the property and retaining certain rights, such as the right to live on the property for their lifetime. The grantee, on the other hand, is usually someone who receives the property upon the... View More

It is important that deeds are prepared correctly. If you are in doubt, please work with an estate planning or real estate attorney to prepare your deed. That being said, to answer your question in general, the homeowner is the grantor, and both the homeowner, as to a life estate with certain... View More

From experience, I can understand your frustration. However, blocking an attorney's communications can cause you to miss important information relating to the development of the case. If the excessive communication reaches the level of harassment or abuse, the judge overseeing the case can... View More

Estate expenses are typically paid before any division of assets occurs. The debts are paid in the following order:

(a) Class 1.—Costs, expenses of administration, and compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106(3).... View More

The answer probably lies within the terms of the financial power of attorney (POA) itself. If there are two appointed agents under the POA, the POA should state whether financial decisions require the unanimous decision of all appointed agents or whether each of them can act in their own capacity.... View More

You should speak with a Florida Estate Planning Attorney and weigh the pros and cons of each option. You may want to consider an Enhanced Life Estate Deed (Ladybird Deed) or a Trust, as both of these options if done properly will avoid probate. Simply naming you in a Will would require probate and... View More

Is there real estate ? If the house or condo, or an empty lot(s) were transferred to the Trust it would be a Titled document and listed as assets transferred to the Trust. Tangible personal property is Not a "Titled" asset nor bank accounts (which are intangibles).You can check online... View More

Thanks for your question. In addition to the funding language included on a schedule attached to a trust agreement or in the trust agreement itself, certain assets such as bank accounts and real estate must actually be retitled during the grantor's lifetime in order to be made part of the... View More

What you are describing sounds to be a formal administration as the estate assets are over $75,000.00. If this is accurate, you need to be appointed as personal representative and need an attorney. Florida Probate Rule 5.030(a) requires every personal representative of an estate with more than 1... View More

I am sorry for your loss, please accept my condolences for you and your family. If you are the named estate Executor (called a Personal Representative) in Florida, once the Court has approved and authorized you there is little that your sibling can say or do. The process moves ahead and tends to... View More

If the grandfather was bound by the divorce decree to maintain life insurance for the benefit of the children and he violated the decree, his estate may be liable for the loss suffered by the grandchildren under a breach of contract claim. It also sounds like the change to the life insurance may... View More