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Florida Estate Planning Questions & Answers
1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: My Uncle is battling Stage 4 colon cancer. His property deed and mortgage are only in his name. He wants to transfer

title to his wife but wants her to avoid probate upon his passing. Should he use a Quit Claim or Lady Bird Deed to do this? He lives in Pensacola, Florida.

Seril L Grossfeld
Seril L Grossfeld answered on Aug 7, 2020

I would suggest using a quit claim deed to add the wife to the title from your uncle to your uncle and aunt, his wife. Lady bird deeds can create title issues. This will only change the title. The mortgage company should be contacted so they can be informed that your aunt has permission to... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Can an executor coerce beneficiaries into signing a will?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 5, 2020

The question makes no sense at all. Beneficiaries don't sign a will, the testator does.

2 Answers | Asked in Estate Planning and Foreclosure for Florida on
Q: In understand she has that right I’m trying to do is find out how can contest the will once she dies

To know what she had done I need to know what’s in it is probate court the right court to contest the will to force it to the court to force the executive to file the will with the probate court . I would appreciate not so nasty of a answer

Seril L Grossfeld
Seril L Grossfeld answered on Aug 3, 2020

Wills do not get filed in Florida until the person passes away. This is why what the will says today is not relevant since it can be changed at any time prior to the person passing away. Once a person dies and their will is deposited with the clerk it is public record and you can get a copy from... Read more »

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1 Answer | Asked in Estate Planning and Tax Law for Florida on
Q: My mother is refusing to show me her will or to give me a copy of her will tho she has gave it to her other children .

After finding his out I wAnt to go to probate court Too see if I can contest the will how can one do that if I can’t see the will . Please advise

Seril L Grossfeld
Seril L Grossfeld answered on Aug 3, 2020

If your mother is still alive what her will says is not relevant since it is only effective once she passes away and between now and then she can change it as often as she likes. You cannot contest her will while she is still alive. Your mother can express her final wishes in her will without... Read more »

2 Answers | Asked in Estate Planning for Florida on
Q: What if testator lives in Georgia but is in Florida and needs to create a Power of Attorney immediately?

Within the next week or so. Because the testator is currently in Florida and is incapacitated she had a POA drawn up, signed by herself, witnesses and notarized but when the executor took the paperwork to the testator’s financial institution, the institution did not honor it because it was not a... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Aug 2, 2020

Contact a Florida Estate Planning Attorney and they can help you quickly create a Power of Attorney. Also, Power of Attorney is recognized as are Will's and other estate planning documents from state to state. The real question becomes, when you say fast, how fast will you need it?

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1 Answer | Asked in Estate Planning for Florida on
Q: Older gob law 1501 re: poa Does divorce terminate poa under OLD gob law? Prior to 2009 changes

I have a 2001 poa for my ex spouse. married at time for abt 27 years no other marriages for either Divorced in 2005 He is in nursing home long term . Just diagnosed w Alzheimer’s. Teachers retirement nyc denied the poa based on new law changes where divorced spouse poa is nullified. But... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2020

What's a "gob law"?

1 Answer | Asked in Estate Planning for Florida on
Q: How to receive inheritance?

My Grandmother passed due to cancer within 6 months after her mother died. 8 months after my grandmother’s death, her father died. My grandmother has 4 living siblings and a surviving spouse. My father and my aunt, her only bio children have received no inheritance payment, there’s too much... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 21, 2020

You need a probate attorney in the state where the deaths occurred and then you likely need to pursue a probate for each person individually in the order that they passed. You will want to check to see if there are any assets that need to go through probate, you will need to see if there are any... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: can executor cut inheritance $500 each to pay others more when not specified

Grandparent leaves each grandchild $10k, remainder to greats. Can executor cut the $10k by $500 to pay more to the great grandkids when that is not specified? Only that grandchildren each get $10k? I feel that if you don’t have a kid (which would be a great) then you get screwed out of $500 that... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 7, 2020

The personal representative is supposed to follow the Will to the letter.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Adopted son of Deceased heiress had his birthright taken and sold by older executor sibling..... While at war in Vietnam

He was under 21. Any hope of reinstating his adopted birthright?(Kellogg) All the kids were entitled to a dividend check every 5 years.... The oldest sibling was advised by her lawyers that she could take control and sell the dividend rights of the siblings under 21 yrs old. which she did...

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 5, 2020

Assuming this happened during the war in Vietnam, no; the statute of limitations would have tolled any claim he may have had, decades ago. And what do you mean "birthright" should he have inherited something from the "deceased heiress"?

1 Answer | Asked in Estate Planning for Florida on
Q: Is it common practice to deny Daughter from being present when preparing legal doc. Will, POA, Health Dir etc for parent

I found it unusual that a family member would be denied to sit in (with their 83 yr old parent) while preparing legal documents. After doing some research, on living trust to protect her assets (Home) from probate she went back to ask that changes be made and was talked out it! This has more... Read more »

Nina Whitehurst
Nina Whitehurst answered on Jul 2, 2020

The vast majority of attorney meetings with their clients exclude non-clients. This is not at all uncommon.

Some elderly parents do choose to include their adult children in such meetings, and this is perfectly appropriate most of the times when that happens, but it is more the exception...
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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: How to claim my mothers life insurance the fastest? Been in probate for years I’m only 20 with no family in the US left

My mother and father passed away two days apart my mother first then my father. My mother had a will and setup an irrevocable trust. My mother’s life insurance policy listed my father as primary beneficiary but also listed my grandmother as (contingent beneficiary) she lives in Israel and is not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 27, 2020

A great question to ask your probate lawyer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: If my uncle passed n his last living sibling passed b4 him n I'm the niece am I entitled to anything?

The party that did the paperwork didn't know the other sibling had passed or had any children so im not listed what can I do? Plus the law firm representing the other party wanted me to answer questions pertaining my father which was the sibling that passed b4 my uncle should I answer them or not?

Mr. Long H. Duong
Mr. Long H. Duong answered on Jun 24, 2020

You need to hire an attorney to make sure your rights are established. It appears as though you may have an interest based on the few facts you've given as well as the fact that the attorney is asking you questions.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, can my husband and I witness my father's will if I am a party to the will? I think Florida allows this?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 18, 2020

The law and Florida Statute is as follows;

Florida Statute 732.504 Who may witness.—

(1) Any person competent to be a witness may act as a witness to a will.

(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an...
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2 Answers | Asked in Estate Planning for Florida on
Q: If my husbands name is on the deed but not the mortgage and I die will he be able to take over the mortgage payments
Seril L Grossfeld
Seril L Grossfeld answered on Jun 18, 2020

In this day and age mortgage companies do not let people assume mortgages. However if the payments keep getting made on time the mortgage company usually does not question the source of the payments. The problem may occur if your husband needs to talk to the mortgage company and his name is not... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a homemade Florida Will be notarized by a notary instead of witnessed by two witnesses?
Seril L Grossfeld
Seril L Grossfeld answered on Jun 18, 2020

To be a valid will it must be witnessed by two attesting witnesses. The will can be self proving by additionally having a notary acknowledge witnessing the signor of the will in addition to the two witnesses. Not having a self proving will means the witness have to be located to execute an oath... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: My mother lives in New York I live in Florida . Where would I file a letter of administration
Phillip William Gunthert
Phillip William Gunthert answered on Jun 17, 2020

You file probate in state where you mom resided and she had her property, homestead and residency, this is where probate is filed and where you get your letters of administration, from that state's probate court.

1 Answer | Asked in Estate Planning for Florida on
Q: How long can I keep a condo in my dads name if I’m living in it and there’s no mortgage. What are highs and lows?

Thank you for your respond. There is/was nothing outstanding and everything is paid to date including HOA. I’m wanting to know how to fly under radar of condo association if there cashing HOA checks from my checking, I’ve resided in since February and I was willed the property outright. I... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 16, 2020

If you have insurance that will be a problem potentially right away, if your dad had homestead tax advantages that can be a huge problem at some point with taxes and penalties. If your father has passed away, you will want and need to review the current deed and see how it is titled, in addition,... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: How would a Florida POA Principal sign a new POA if they are in assisted living under lockdown due to COVID19?

Principal wants to revoke current POA and Agent and to create a new durable POA.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 15, 2020

You can contact a Florida Estate Planning Attorney and they can draft a Durable Power of Attorney and then you can mail the POA to the person at the facility and they can get the document witnesses and notarized at the facility that will surely have a notary on hand or can provide one or you can... Read more »

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Hello, My wife and I are in our early 60's and have been married 38 years.

We are estranged from our 34 year old son.

The last contact I had with my son was in February 2020, as my father-in-laws time drew near, we called our son to make him aware of his grandfathers health & to give him the opportunity to say goodbye to him. This was met with no response.... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 13, 2020

You should ignore them and not waste any time and effort and expense on doing anything whatsoever. Your son will be well aware of being disinherited at some future point in time. You have zero obligation to leave anything to an adult child whatsoever.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: We need to draw up a Last Will & Testament which incidentally involves a disinheritance. We are in Florida.
Phillip William Gunthert
Phillip William Gunthert answered on Jun 13, 2020

You will want to contact a Florida Estate Planning Attorney and they can help you with a Will, Durable Power of Attorney, Living Will, Florida Healthcare Surrogate, HIPAA Waiver and so forth based on all that you want and what you need covered, also, excluding someone from an estate is also not a... Read more »

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