My grandmother is unsure if she should create a will or a living trust. Her primary concern is ensuring that I inherit the property which is paid off completely however, another concern we are having is, if the home will be used to pay off any outstanding debt, such as credit cards if so, how can... Read more »
answered on Jan 18, 2023
If a property is Homestead Property, creditors such as credit card companies and other lenders will not be able to force the sale of the property, the Homestead Property if handled properly is protected. Any debts not directly attached to the home (like for instance mortgage loan, equity line, work... Read more »
I already have a buyer. Do I need to go through probate or can I just go to a title company present the will and sell the home?
answered on Jan 16, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and you family at this sad and difficult time. No, that will not work, you will want and need to get a copy of the deed, if your mom's name alone is on the deed the property will need to be probated,... Read more »
the clerks office in 9/2013 and he put his property in my name prior to open heart surgery after he i quit claimed his property back to him in 7/2015. We loaned him 70 k in 4/2013 to buy ex wife out of divorce he took a reverse mortgage on his property to pay us back. he passed away in 2022 now... Read more »
answered on Jan 3, 2023
Yes, if they are motivated to try to fight this and make this messy it is possible that they can try to fight this based on claims of undue influence and or similar claims. I am not sure how much luck they will have for a few reasons, there is a divorce which ends the relationship related to the... Read more »
The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order?
answered on Dec 30, 2022
Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here:... Read more »
My sister is not providing me with any information about my recently deceased mothers home sale which is supposed to be split between 3 siblings, including myself. She recently asked for money for taxes and insurance so the closing would go through. When i asked her for copy of will, PA agreement,... Read more »
answered on Dec 13, 2022
I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time. A copy of the will should be provided to any beneficiary interested party, if not, Florida Statute requires that it be filed with the clerk of the court... Read more »
The bank is already approved the inheritance but this Banker is trying to extort us for $1,000 before he will transfer the funds
answered on Dec 12, 2022
The answer to that is no, you need to get the probate court orders and or have the probate attorney or another attorney follow-up with a letter on your behalf, you should not be paying or be obligated to pay anything.
everything we own is in both our names .
answered on Dec 8, 2022
If you are married in Florida your spouse is legally entitled to certain assets such as your Homestead and certain exempt property. Additionally, if you leave less than 30% of your estate to your spouse he can make an election against your estate. You should contact an estate planning attorney for... Read more »
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
answered on Dec 5, 2022
No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.
One was a gun a dog various either itemd
answered on Nov 28, 2022
A Florida attorney could advise best, but your question remains open for four weeks. The short answer is that once an ordinary gift is given, it's generally a done deal and not revocable, unless there were conditions. This is posted under a general Uncategorized heading. Attorneys who practice... Read more »
We can't make it on our current income with food and gas prices rising we have no children or property
answered on Nov 26, 2022
I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making... Read more »
The check is a distribution from my late aunt's trust. We are unable to deposit it because we have no estate account for my mother. There was no probate process initiated for her because my parents' assets were combined/shared 100% -probate was done via my father's summary... Read more »
answered on Nov 18, 2022
Generally speaking, you're right in thinking your first and best step is to talk to the trustee of the trust.
Depending on the language of the Trust there might be a fair amount of flexibility in how they can issue the distribution checks.
Additionally, in most trusts there is... Read more »
My parents bought a second home which I currently live in, and pay the monthly mortgage on. The loan is entirely in their names and the home is, of course, collateral for the loan. I'm not currently in a position to remortgage the loan in my name. My parents want to complete a Quit Claim... Read more »
answered on Nov 14, 2022
It likely would trigger a clause to call the loan to be paid in full. Your parents need to consult with a real estate lawyer to determine the best way to handle this. There are options that could help.
My mother didn't leave a will per se but she did leave a document saying what she wants done with here valuable assets. Her husband is still alive and living in a long term care facility and is on medicade. My step brother is moving quickly to have me removed from the house (I live in the... Read more »
answered on Oct 28, 2022
You need to retain an attorney now. This is not something that you should try yourself.
Broward county FL. I see sales papers between grandma and developer 1973. Later in year, I see a deed JTRS between grandma, and then mom&dad, and aunt&uncle. 5 months later in 1973, I see 2 quitclaims from mom&dad to grandma, and another from aunt& uncle to grandma. Did they undo... Read more »
answered on Oct 25, 2022
If this is not an essay question on a college undergraduate or law school exam, it should be.
If it is a (really complicated) real-life situation, get off the Internet and call a probate lawyer in the town where the property is located.
And is unable to be found( presumed dead) and the other also lives overseas but refuses to sign any documents?
answered on Oct 25, 2022
That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property... Read more »
Can the mortgage and all paperwork be left as is until both parents are deceased? At that point, can the mortgage be paid off and everything changed over as long as it is amended to the will to do so?
answered on Oct 8, 2022
Generally, yes, while I would encourage you to speak directly with a Florida Estate Planning Attorney, the property can be left to children and the children in many instances are able to assume the mortgage, this is particularly so if it is the Homestead property of the parents. Remember, a Will... Read more »
My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... Read more »
answered on Oct 5, 2022
You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.
Any beneficiary of the will. What is the first step I need to do because I don't agree with this and I'm the next hier in will.
answered on Oct 5, 2022
A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will... Read more »
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 »
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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