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Florida Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning for Florida on
Q: Can I evoke a quit claim. I filed it for my home to my partner and we are seperating
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 27, 2022

Likely not, you will want an attorney to review a copy of the deed, unless it was an enhanced life estate deed (ladybird deed), you are likely stuck with your partner as a co-owner of the property, unless they agree to sign a quit claim deed or other deed back to you, you may well be now a co-owner... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

You will have to open a probate case in the local circuit court, Call the Clerk's office and ask for assistance.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 15, 2022

I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will... Read more »

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1 Answer | Asked in Bankruptcy, Estate Planning and Real Estate Law for Florida on
Q: My mother has cancer. We are in Florida. The Mortgage for my house is in my step fathers name. The title is in my name

and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?

Timothy Denison
Timothy Denison
answered on Aug 25, 2022

No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, how can the next of Kin obtain the authority to get bank account balance of deceased dad released to her?

I requested from the bank that my deceased dad was an account holder at, if they could release the bank account balance at the date of his death to me, so that I could figure out the value before filing to court. They want letters of intent and letters of administration 1st. Is there a way to get... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 23, 2022

Sorry, Floridas circuit court clerks, judicial assistants, magistrates, and judges are far too busy to be sitting around by the phone texting friends and waiting to hear from curious citizens looking for free money asking them for free special legal help that cannot be done.

EVERYTHING the...
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1 Answer | Asked in Estate Planning for Florida on
Q: If I leave a contingent bequest in my will/trust, does the beneficiary then become the executor?

I am having my will re-drawn. I am naming my only son as beneficiary/executor of my entire estate. I would like to include a contingent bequest of my entire estate to a local animal rescue in the event we both die at the same time (I know, it's actuarially unlikely but I want to cover all... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 20, 2022

It sure wouldn't be a bad idea. And notify them of your new will, otherwise if your son doesn't survive you, the animal rescue organization might otherwise never know about it.

1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... Read more »

1 Answer | Asked in Contracts and Estate Planning for Florida on
Q: Which power of attorney do I need

My boyfriend is currently in prison and wants to give me power of attorney over all of his real property like his car's trucks includes trailers etc and also wants me to collect his stimulus payments which power of attorney do I need to file

Charles M.  Baron
Charles M. Baron
answered on Aug 17, 2022

Your boyfriend has a choice - either a general power of attorney or a limited one, and for either one of those choices, durable or non-durable. General would give you power to act on his behalf of just about anything under the sun, and limited is for just certain listed items. A durable power of... Read more »

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Florida on
Q: Wy wife recently died. She had several credit cards in her name. Am I responsible for these bills?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any... Read more »

2 Answers | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Is there a way to sell or gift an inherited house to my daughter then sell it.

I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... Read more »

Michael A. Anidjar
Michael A. Anidjar
answered on Aug 14, 2022

It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.

I also do not understand what you mean by the $1,000...
Read more »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

The agreement between us was that her house would be use to pay the bulk of the note. When she died we were advised by the estate attorney that the Florida Homestead law would prevent... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 4, 2022

The short answer (and my legal advice) is to follow the correct advice given to you by the attorney probating your mother's estate because the estate attorney will fight you in court over this issue--using your mother's money.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My uncle passed away leaving a wife and three children, no will only his name on everything. Can I fight for his estate?

My uncle was close with his mother, brother and sister. We had family gatherings at my grandmas house all the time. He was at my grandmas house more than he was at home with his wife and children. He was married for 29 years and did not add his wife’s name on his bank accounts, business or real... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 3, 2022

You can spend your money fighting for his estate as you choose, but his estate is going to be disbursed pursuant to law. You might want to spend a few bucks on a lawyer before you get too involved.

1 Answer | Asked in Estate Planning, Foreclosure, Civil Litigation and Probate for Florida on
Q: How can someone in jail start probate process without representation?

I have a friend whose father passed away with no will. The son did not complete the probate process and is currently incarcerated in Volusia county jail. The fathers house is in preforeclosure right now, mediation scheduled for Oct 2022. The house/land is appraised at 300K+ and about 130K is owed... Read more »

Heather Printz
Heather Printz
answered on Jul 26, 2022

In some states, the person can sign a form that can transfer that responsibility to someone else. Is there someone else the friend trusts to complete this? Depending on the resources available within the jail, it may be difficult to complete some of the tasks required.

1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: My sis's husband is interfering in my deceased mom's house sale details. As remainderman & refusing to include me. Case?

Sister's husband, whom I do not trust, has been meddling in my deceased mother's house sale. Mom did not leave a Will but she instructed the monies be divided between all 4 children. Sister is remainderman as it seems at some point someone advised them to put the house as a Life Estate.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 16, 2022

If your mother conveyed a remainder interest to your sister, while reserving to herself a life estate, you would in theory not be entitled to anything. Consult with an attorney.

1 Answer | Asked in Estate Planning, Elder Law and Social Security for Florida on
Q: My son’s grandmother through a codicil in her will, set up a Trust for him in January 2000. To date he has seen no $.

The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... Read more »

James W. Martin
James W. Martin PRO label
answered on Jul 15, 2022

Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... Read more »

2 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: What is “moción solicitando orden para emplazar por edicto y autorización para interpelar por edicto?”

I received a document with this title and I don’t know what it means.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 12, 2022

An online translation tool yields the following: "motion requesting order to summon by edict and authorization to question by edict?" Apparently, someone wants a summons issued and an order authorizing discovery.

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: My grandmother wants to buy a property I eventually will inherit and what's the best way to go about the title?

My grand mother wants to buy a property in Florida and put my name on the title and have a joint tenancy if possible. She also said maybe it's better if the title is in my name and she has a life estate instead. She basically wants to know what's the best way to go about buying the... Read more »

Anthony Leonard Conticello
Anthony Leonard Conticello PRO label
answered on Jul 6, 2022

Great question and what a great problem to deal with!

One key component to many Estate Plans is creditor avoidance. Fortunately, there are several alternatives available to both of you, some of which require specific language to be included in the deed. In addition to Estate Planning...
Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: I'm creating a Family Revocable Living Trust.

I'm creating a Family Revocable Living Trust, which will involve Co - Trustees in the Living Trust. However, are we both "required" to sign the new deed as Trustees? Or would it be sufficient for only one Trustee to sign as Trustee? Currently the property is under only one person's name.

Anthony Leonard Conticello
Anthony Leonard Conticello PRO label
answered on Jul 6, 2022

This is a question that requires additional information. It also deals with the title to real property and should not be done based upon an internet query. It is best to bite the bullet and hire an Estate Planning attorney who can assist you in answering that question.

Best of luck.

1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: My husband his brother and their mom inherited a house. If something happens to my husband do I get his share.
Phillip William Gunthert
Phillip William Gunthert
answered on Jul 4, 2022

Maybe, if your husband does proper estate planning and or creates a deed naming you, then it is possible. You would have to start by viewing the current deed and how it is titled. Also, it depends on whether you have a prenuptial and or postnuptial agreement. It is not automatic that you would get... Read more »

1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: Before we got married, my spouse and I disclosed our financial assets

and I am employed and make a very good income and I have a son that is a minor from a previous marriage to whom I would like to transfer my assets for his future and I will rely on my income that I am earning now. I am not planning on getting a divorce, but in case my husband and I will get to... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 20, 2022

Read the prenuptial agreement carefully. If in fact it says what is yours is yours then you can transfer it whenever you choose to whomever you choose. You may want to speak with a local family lawyer for more specific advice.

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