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Florida Estate Planning Questions & Answers
3 Answers | Asked in Estate Planning for Florida on
Q: I'm a single woman, no children, all my siblings live out of state. Should I appoint a Florida lawyer as a trustee/exec

of my estate? I have completed a FL Revocable Living Trust, a Durable Power of Attorney for Health Care, a FL Durable Power of Attorney appointing my brother as trustee. Brother is on all bank accounts. My house is in a Revocable Living Trust. Just don't want to burden my out-of-state brother.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 9, 2021

Your brother is already listed on all or almost all of your accounts as well as your other estate planning documents, at minimal he could easily serve as the Trustee related to your Revocable Trust and it should not be that demanding or difficult, worst case scenario he can decline to serve at the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I need help with probate estate question.

My mother passed. She left no will. We are going through probate for the property (3 siblings). Now one of the siblings wants to buy the house, but I don’t trust him, don’t like him, and after this is over, do not want anything todo with this sibling. What would be best the way to walk away... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 5, 2021

As in most things legal, you need an attorney to help you. Hire one.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Am I required to give 50% of my homes value to my husband's son?

My husband recently passed and our home was in his name only. He has a son from a prior marriage, which is already looking for his half of our estate. I put down $10,000 from MY pension on our home and still owe over half of the mortgage. Am I required to give 50% of my home to my husband's... Read more »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 1, 2021

Since this sounds contentious, you should consult with a few estate /probate attorneys in your area, discuss your specific case with them, and then hire the one with whom you are most comfortable. You need to do this so that you become aware of the options available to you.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Probate requirements

Spouse passed and I am not on the title. The house has lien holder. What steps do I take for the Lien holder to add my name to the mobile home title?

Barry W. Kaufman
Barry W. Kaufman answered on May 26, 2021

Step 1: talk to the lienholder and determine the requirements.

Step 2: meet the lienholder's requirements.

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: MY aunt died in Florida. I have heard I am in the will, but I have not heard from her attorney. She died 25 days ago.

While my aunt was alive, she asked me if I would take her pets when she died. She told me she was leaving me money as well as leaving money for the care of the pets. She told my husband, cousin and her boyfriend this. When my two cousins went to the reading of the will, one of whom is supposed to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on May 26, 2021

In the world of probate 25 days is a very short period of time and no time at all really. Depending on the type of probate that is required, you could possibly be waiting months. Words and promises do not matter at all as it relates to a Will, only what was actually written into and put into the... Read more »

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3 Answers | Asked in Estate Planning for Florida on
Q: Can the French government sue an American citizen living in the USA.

I am an unnamed heir in a French estate. I don’t want to be a heir. Can I just ignore their communications?

Thank you,

Paul

Terrence H Thorgaard
Terrence H Thorgaard answered on May 24, 2021

Probably. But without seeing the paperwork it's hard to say for sure.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: can primary beneficiary refuse on retirement annuity and pass to secondary?how?

in florida-One of my daughter's retirement accounts has an ex-boyfriend as primary and her sister is secondary. He wants to be removed and let her sister who is secondary get the retirement annuity. How do we do this? in probate?

Terrence H Thorgaard
Terrence H Thorgaard answered on May 24, 2021

No, simply give the financial institution where the account is deposited written instructions to that effect, signed by your daughter and her ex. Ask the financial institution if they have a form they require.

3 Answers | Asked in Estate Planning and Tax Law for Florida on
Q: Daughter died in Florida, signed will with two friends but never got notarized; can it be used for the estate?
Phillip William Gunthert
Phillip William Gunthert answered on May 19, 2021

No, Florida requires signature, two witnesses and notarization, if this is not the case then it will not be a valid Will and the estate will be deemed Intestate and the Florida Intestate Statutes will apply to the probate. This means it will be important who survived your daughter and whether the... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Florida Estate, Father not on Birth Certificate, if he does not respond to decline executor or sign up as one, then?

I am mom and showed on certificate. no will found so far. He never met her or paid child support. I have called 8 numbers and found 8 emails with no reply

Phillip William Gunthert
Phillip William Gunthert answered on May 19, 2021

Very sorry for your loss, please accept my condolences at this difficult time. In Florida, any interested person can pursue and commence a probate. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. If the father is nowhere to be found or interested you... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Estate: Mortgage if I transfer the house to my name what to do about the mortgage? house worth 230k min?

Daughter died House refinanced in 2018. should have owed 138 left on house worth 230-300 k. What happens once house goes in my name(mom) in estate. Can I continue to pay her mortgage or would I have to refinance. How does it work? Or is it up to mortgage company.

Phillip William Gunthert
Phillip William Gunthert answered on May 19, 2021

Very sorry for your loss and the passing or your daughter, please accept my condolences at this sad and difficult time. You are going to need to speak with a probate attorney in the state where the property is located. Generally speaking, especially if this is in Florida and this was your... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: how do I get POA when I live in CT & he in FL. This is for my son he has mental health issues and asked me Dawn

My son has not left his room since 15 and is going on 26 this year. He cannot express himself, severe anxiety and panic disorder since 15, Causing high BP at age 20. Type one diabetic, rare blood clot disorder, scoliosis, chronic back pain, now knee and shoulder issues. I am helping him to get... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 14, 2021

This is really a wills and estate planning issue. What you can do is contact an estate planning attorney in Florida and ask for assistance in drafting the POA document. If your son is not competent to understand and execute such document, then you may need to consider a guardianship proceeding.

1 Answer | Asked in Estate Planning for Florida on
Q: My stepfather died in Florida without a will. My mother died shortly before him. Who gets the house?

We always discussed that I would inherit the house and my stepfather has no relatives. I'm told now they're going back to the 1850s to find a relative. How long do companies that search for ancestors have to show a blood heir? I'm taking care of the house at the moment and have... Read more »

Ellen S Deutsch Taylor
Ellen S Deutsch Taylor answered on May 12, 2021

Without a will, the estate is intestate and must follow the order of succession in the Florida probate code. Did your stepfather legally adopt you? Did he have any natural children or siblings? Are his parents alive? Unless you were legally adopted, you are not entitled to anything and the Probate... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Hello, My question is about the process to petition for a Declaratory judgement.

I'm applying for dual Italian Citizenship. My great grandfathers name on my grandfathers birth and marriage certificates is different than what it is on everyother document. He used and instead of his actual name, . My grandfathers Baptismal record has the correct names as well. The... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 11, 2021

This is an unusual question and does not appear to be applicable to family law. It sounds like you are a US Citizen who is attempting to also obtain Italian citizenship based upon the fact that you have Italian family/heritage. If this is correct, then it is not an immigration issue as you are... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Jackie Marie Howard
Jackie Marie Howard answered on May 6, 2021

My condolences for your loss. The administration should occur in the State where your sister resided; therefore, you would want counsel licensed to practice law for that location.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Anthony M. Avery
Anthony M. Avery answered on May 6, 2021

You should hire an attorney in the State in which the Will is filed for Probate. There may be more than one State the Probate Administration could occur, but proper venue is usually in the County and State where the Decedent resided.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can I exhume my grandparents' graves?

My grandparents from my father's side have been dead for a very, very long time; my father died also about 15 years ago. I want to exhume my grandparents' graves and resell the plots. My younger siblings oppose to this. I am the oldest of all. Do I have a legal right to do so without... Read more »

Tami Lane Augen
Tami Lane Augen answered on May 6, 2021

Interesting question. However, this is not a family law question. I would suggest that you post either in civil or wills/trusts/estates. The issue may be governed by law, by a will, by the laws of the state of Florida, and/or by a contract with the cemetery. It does not sound like the type of... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My sister made me executor of her will, she lived in Indiana, and I live in Florida. Can I use an attorney in Florida?
Barry W. Kaufman
Barry W. Kaufman answered on May 6, 2021

No, not unless the attorney is licensed to practice in Indiana. Her Will and the laws governing her probate are all Indiana law; nothing to do with Florida.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My Mom passed away had a quit deed to add my brother on the house in Ocala Florida. My brother did the same with someone

I am sure that my brother was paid more than$10 for the house which was stated on the deed. But everything was supposed to be split 50/50 between him and I and certain things were left to him and I in her will . I know my brother was not of sound mind when this happened he was under the influence... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 3, 2021

If your mother conveyed the property to your brother before she died, the property is not in her estate and so you don't inherit it under her will. The $10 consideration recited in the will doesn't matter. If he then conveyed it to someone else, the validity of that conveyance is... Read more »

2 Answers | Asked in Contracts, Estate Planning and Real Estate Law for Florida on
Q: about to close on a lot sellers from IL (jon doe sally sellers trust) they do not have copy of trust and cant close

title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the... Read more »

Nina Whitehurst
Nina Whitehurst answered on May 1, 2021

Unfortunately there is nothing that you, the buyers, can do. This is a usual and customary requirement and it is the seller’s obligation to fulfill it in order to deliver marketable and insurance title to you. If they can’t, they will probably need to go to court (which would not involve you)... Read more »

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3 Answers | Asked in Estate Planning for Florida on
Q: Once you are eligible for Florida Medicare can you live in any assisted living facility?
Nina Whitehurst
Nina Whitehurst answered on Apr 28, 2021

You can live in any facility that accepts that source of payment, which you said is Medicare, and has space available. (However, I suspect you meant to type Medicaid, but the answer would be the same. You can live in any facility that accepts Medicaid and has space available.)

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