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?
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 »
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?
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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...
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 »
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 »
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 »
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 »
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 »
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 »
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.