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Florida Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Florida on
Q: need a declaration of heirs lawyer
Phillip William Gunthert
Phillip William Gunthert answered on Jan 18, 2021

I would encourage you to contact a Florida Probate Attorney as they will be able to help you and help you determine what needs to be done and the type of probate, if any, that needs to be done. An Affidavit of Heirs often needs to be done if there is no Will and an Intestate (without a Will)... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: if there are 4 siblings and 1 resides on estate property can he be made to move
Phillip William Gunthert
Phillip William Gunthert answered on Jan 15, 2021

Yes, if probate is complete then you can pursue a potential partition action (avoid it if you can) but you should try to reach reasonable resolution and agreement first. Probate should determine who owns what and then siblings buy out one another with refinance or other options, if nothing works... Read more »

1 Answer | Asked in Contracts, Estate Planning and Antitrust for Florida on
Q: Moms trust states no heritance until I work 1 year, I get ssi I've tried to work, can't mentally disabled. What 2 do

It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job

Nina Whitehurst
Nina Whitehurst answered on Jan 13, 2021

This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Moms trust reads I can't get inheritance until I work 1 year. I am getting SSI in Florida

I tried to work but can't keep job because my bipolar manic depression. I had 3 different jobs n 2020

Barry W. Kaufman
Barry W. Kaufman answered on Jan 13, 2021

You didn't ask a question. You should probably consult a lawyer with the trust to see if there's anything that can be done. We can't read your trust online, and these situations are very fact-based to the point that attempting to answer would be non-productive. Please see a lawyer.

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2 Answers | Asked in Estate Planning for Florida on
Q: My home is paid off .the person I bought from will not sing off on deed or give me a quick claim deed is there anything
Nina Whitehurst
Nina Whitehurst answered on Jan 10, 2021

You need to hire a real estate litigation attorney to file a quiet title action against the seller.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: What happens to the business property if the company was admin dissolved three years prior to death?

My father died with a Will but did not specify what to do with business property. He stopped paying the annual corp fee in 2016. But, continued to pay business taxes until 2020 before he died using that corporation.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 6, 2021

The state registration status--vel non--has nothing to do with your question about how to dispose of (undescribed) "business property." No does it have anything to do with the annual IRS business tax return.

It is not possible for any lawyer to advise you properly without knowing...
Read more »

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1 Answer | Asked in Estate Planning and Banking for Florida on
Q: My friend got his SSI and stimulus check direct deposited on 12-31-2020. Unfortunately, he passed away on 1-1-2021.

Can his family keep that money or does it have to be returned?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 4, 2021

I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I have life insurance by my employer. Can state or federal debt owed by a beneficiary cause the payout to be reduced?

I live in Florida. The beneficiary of my life insurance policy owes back child support for an adult child. The beneficiary's check is already being garnished for the monthly amount. I am just not sure if they would take what is owed in a lump sum from the life insurance proceeds.

Nina Whitehurst
Nina Whitehurst answered on Dec 31, 2020

It would be uncommon for any creditor of a life insurance beneficiary to garnish life insurance proceeds before they are paid out, though it is theoretically possible. More likely, after the funds are deposited into the beneficiary's bank account, the creditor will garnish the bank account.... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: My mother did a quick claim deed 2008 adding My brothers and I to the property with her having a lifetime tenant.

She’s now Terminally I’ll in a nursing home. Are we able to sell the home while she is still alive.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 16, 2020

Typically, no; you can only sell what you own which would be the remainder interest following her life estate.

2 Answers | Asked in Estate Planning for Florida on
Q: Where can I find help for a friend who is on limited income, medicaid, etc and wants to update his will?

This person owns a house which has no mortgage, but hasn't updated his will for over 20 years. He asked me for recommendations, so I am trying to research his least costly options.

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Dec 14, 2020

Please let me know what county your friend resides in, and I can help you locate the appropriate pro bono legal services organization.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My 6 siblings and I was deeded a house in FL. A Sibling died without a will in NC. How do we trnsfr the deed to his heir

My 6 siblings and I was deeded a house in FL. A Sibling died without a will in NC. How do we transfer the deed to the FL house to his heirs?

Evelyn Suero
Evelyn Suero answered on Dec 11, 2020

Depending on how the property was titled, it may be necessary to open a probate proceeding in Florida to distribute the interest in the home that was owned by the decedent at the time of death. Consult with a Florida probate attorney for more information and to discuss your options.

1 Answer | Asked in Estate Planning for Florida on
Q: My mother passed with one asset in the amount of $7772.13. Do I file for Sumary Judgment or Disposition of Property?
Phillip William Gunthert
Phillip William Gunthert answered on Dec 9, 2020

Very sorry for your loss and the passing of your mom, please accept my condolences. Generally, Disposition of Property Without Administration may be applicable, you can check online with the clerk of the court and on the forms. Here is the rule for Florida Statute 735.301: No administration shall... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Help!! I think my family has stolen my inheritance!!!

My brothers and I received a generic letter and check in the mail stating the estate was closed but we never saw the will or signed anything. What do I do? The checks we received bounced also.

Phillip William Gunthert
Phillip William Gunthert answered on Dec 3, 2020

Sorry for your loss and please accept my condolences. You should start by checking in the county where the estate probate was filed, you can get all the estate documents from the clerk of the court, but you should have received notification from the estate attorney/personal... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Is it legal to sign a vehicle over to a dead persons trust

My mother in law died my boyfriend is trying to make me sign a truck into her name so he can set up a trust on her behalfHe has no liscense and her will hasn't even been submitted and it's been a year is this legal and can the vehicle be registered and driven by him just because the trust... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 2, 2020

the whole idea sounds very flakey. First, he can't establish a trust having as beneficiary a dead person; nor can a trust naming her as trustor be established after her death either. And, of course, even if such a trust were to own the vehicle. that would do nothing to allow him to drive it.... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Florida on
Q: My mother had 5 beneficiaries on her annuity she made me power of attorney specifically to remove 3 of those beneficiari

From her annuity leaving me and my sister Do I have the power as POA to remove individuals requested by my mother She could not sign the papers herself changing beneficiary because of the coronavirus which she died from And because access to her was restricted she gave me power of attorney to take... Read more »

Steven J. Fromm
Steven J. Fromm answered on Nov 15, 2020

If you have not had any luck with the insurance company, your next step is to hire an estate attorney to talk to their legal department. If that does not help, then the insurance company will file most likely file an "interpleader" and turn the proceeds over to the court, to have them... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: my sister died without a she will was married never divorced she purchased a house before marriage. I need to sale house

husband name never place on the deed of the house. last time I seen husband was 2008. my mom and I took care of my sister. the house is going into foreclose I need to sale the house to pay her bills. can this be done with out husband. the bank is also trying to locate the husband.

Rand Scott Lieber
Rand Scott Lieber answered on Nov 13, 2020

You need to contact a local real estate and/or probate attorney to help you with this. Some legal actions can proceed by publication when a party is missing and cannot be located.

Good luck!

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: i am interested in learning if I have a right to make a claim to my fathers estate.

My father passed away October 29. He was never married to my mother and his name is not on my birth certificate. He did not tell me he was my father until I was in my 20's. We did not have any kind of relationship. He never provided for me in any way while I was growing up (on and off... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Nov 9, 2020

The Florida Probate Code states that you would need to have some proof that you were his child. This could be in the form of a written statement by him acknowledging that he is your father or an adjudication of paternity by a court (either in a paternity case or in a child support case). One of... Read more »

2 Answers | Asked in Banking and Estate Planning for Florida on
Q: An individual becomes incompetent can the executor of the estate perform financial matters?

Can the health poa also perform financial matters if someone is incompetent ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2020

If you are referring to a health surrogate form the answer is no.

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1 Answer | Asked in Estate Planning for Florida on
Q: Estate has received a check via snailmail from a life insurance company. It's made out to the deceased...without

"to the estate of" . The 8x11 paper has the check at the bottom 1/3....and top 2/3 is marked ''not negotiable."

Can you tell me what this means? Can I deposit it into the estate checking account? Thanks so much.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 3, 2020

This is an estate asset and if you have opened probate and have an estate account set up, these funds will go into this account. If this check and sum was not previously known or listed, you likely need to amend the probate documents to include this check and these sums in the probate case. You... Read more »

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