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I'm my father's only child, but we haven't spoken for many years. He has been married for a long time, and I believe he might have a will or estate plan. He was very wealthy before retiring, and I'm unsure whether I'm included in his will. If he passes away without... View More

answered on Jul 7, 2025
If you’re not named in the will, and you’re not listed as a joint tenant or a designated beneficiary (such as a transfer-on-death beneficiary), on his financial accounts or life insurance policies, then you have no legal right to inherit under his estate plan or property titles. Unlike many... View More
My mother recently passed away, and I am both the executor and sole beneficiary of her estate. The property involved is under a warranty deed and a trust. Given there are no requirements stated in the trust, no debts or mortgage, and no co-beneficiaries, do I need to transfer the deed into my name... View More

answered on Jun 29, 2025
While an estate planning and probate attorney will need to review the trust for a more precise and correct answer based on the actual terms of the trust, the general answer to your questions is that it should not be a problem as long as the terms of the trust are being followed and addressed. In... View More
I am a beneficiary of a trust, and my family and I have not heard from the trustee since October. We are trying to find out if the trust is closed. What steps can we take to verify its status, and as beneficiaries, are we entitled to any documentation or information from the trustee?

answered on Jun 25, 2025
There should be a notice of trust submitted in the county where the deceased lived (if they are deceased), you as beneficiary are entitled to a copy of the rust and you are entitled to regular accountings and various other rights you have and the trustee has obligations to do ongoing. You should... View More
I recently transferred the deed of my mother's house to myself two weeks ago. She may now need to apply for Medicaid for assisted living. There was a payment involved in the transfer. She has not applied for Medicaid before. Will this deed transfer affect her eligibility for Medicaid?

answered on Jun 16, 2025
If you paid fair market value for the house this will not cause your mom to incur a Medicaid uncompensated transfer penalty.
But to the extent that you paid less than fair market value there will be a penalty assessed if she applies for Medicaid within the next five years. If you think... View More
I live in Venice, Florida, and I need to obtain personal representation papers under my mother's will. I am named as the personal representative, but I haven't heard back from the law office that drafted the will. I want to proceed without probate, but I need clarification on whether... View More

answered on Jun 9, 2025
I am very sorry for your loss of your mother, please accept my condolences for you and your family at this sad time. Any Florida Probate Attorney will be able to help you and answer your questions and can file the necessary probate petitions to get you assigned as the Personal Representative of the... View More
Can a person continue to use a Power of Attorney (POA) if the principal passed away on February 28, 2025, without having executed a new POA or having a will in place?

answered on Jun 6, 2025
No, Florida statute 709.2109 provides that the power of attorney terminates when the principal dies. Without a will, the estate will be administered as an interstate estate and a personal representative will likely be required to administer the estate and manage the assets. Consult with a Florida... View More
Can a person continue to use a Power of Attorney (POA) if the principal passed away on February 28, 2025, without having executed a new POA or having a will in place?

answered on Jun 5, 2025
In Florida Power of Attorney ends at death, it is now a probate matter and probate will need to be pursued if there are any assets left in the name of the deceased alone and there is no pay on death or transfer on death designation or similar type transfer on death agreement. No one should be using... View More
I was named as a beneficiary in a will, receiving a piece of property. The attorney who wrote the will is claiming fees ranging from $5,000 to $8,000 to execute the will's provisions. However, the attorney has directed me to Legal Aid for more information and is unwilling to provide further... View More

answered on Jun 1, 2025
You will need to get a probate attorney in the state where the property is located, if the property is in Florida then that would be a Florida Attorney. The primary probate would be done in the state where the person lived and had their Homestead. The type of probate required and time involved will... View More
I own my home in Florida as a tenant by entirety with my husband, and it is our primary residence with homestead protection. My husband is very sick and will incur large medical bills in the future. Given that our finances and bank accounts are separate, can medical creditors collect from the sale... View More

answered on May 30, 2025
Under Florida law, your homestead property is generally protected from forced sale by creditors. This protection typically extends to debts of a deceased spouse as well, especially when the property is owned as tenants by the entirety (TBE). TBE ownership not only shields the property from... View More
I need to change the beneficiary and the executor of my existing revocable trust. I have a copy of the trust document. I want my adult children to be the executors now, and I'm hoping to get these changes done before September 15, 2025. How should I proceed with making these changes?

answered on May 29, 2025
Depending on how old your trust is and how substantial the changes the changes are that you need will determine whether a restatement of trust or amendment of trust will be necessary, you will have to work with a Florida Estate Planning Attorney.
Generally, the restatement of a trust will... View More
I need to change the beneficiary and the executor of my existing revocable trust. I have a copy of the trust document. I want my adult children to be the executors now, and I'm hoping to get these changes done before September 15, 2025. How should I proceed with making these changes?

answered on May 30, 2025
Good Morning,
If you want to amend your trust, I suggest that you retain the services of an attorney to assist you. If the attorney that prepared the trust is still available reach out to him. Please do not make the changes directly on the trust document by writing the changes in as it will... View More
I own a home in Florida with my husband as "Tenants by Entirety." My husband has recently learned he has advanced stages of cirrhosis of the liver, and we expect large medical bills that I did not guarantee. We keep our finances separate and have separate bank accounts. The house is the... View More

answered on May 28, 2025
If the home is your primary residence (Homestead) then no lien can attach to it except from your mortgage company or if you both personally sign a document allowing for that lien to be placed against the property. Your home is protected under the Florida Constitution. If the lien is placed, you... View More
I own a home in Florida with my husband as "Tenants by Entirety." My husband has recently learned he has advanced stages of cirrhosis of the liver, and we expect large medical bills that I did not guarantee. We keep our finances separate and have separate bank accounts. The house is the... View More

answered on May 28, 2025
Medical bills cannot be attached to a property held as tenants by entireties if debt is only against one spouse and if it is Homestead there is no way to attach to such a home either as it is protected, if death occurs, the property is also protected in Probate.
I am my sister's full power of attorney. She recently had a medical emergency and is currently in rehab. Her boyfriend is living in her home, believing he has the right to stay, although there is no written lease agreement. What are my legal rights to evict him, and how do I proceed? I’m... View More

answered on May 27, 2025
As your sister's full power of attorney, you generally have the authority to manage her property and legal affairs, which includes the ability to initiate an eviction. Ensure the power of attorney document specifically grants you the authority to manage real estate matters and undertake... View More
I am concerned about the extent of authority my wife's son has over her decisions, as he has a power of attorney for her. Recently, he decided to place her in an assisted living facility without consulting me, her husband. I'm unsure about the specific terms of the power of attorney,... View More

answered on May 21, 2025
I am sorry for your struggles, the power of attorney will override the ability of the spouse (you) to make decisions in the State of Florida, you would have to petition the court for guardianship or you would have to get a power of attorney to override and replace the one that the son has in place... View More
I'm looking for both physical and online resources where I can obtain a free Durable Power of Attorney document in Florida. This document should cover most matters, including financial, healthcare, and personal. I plan to appoint one agent with a second as a backup if the first is unable to... View More

answered on May 25, 2025
The problem is that there are a lot of free documents that are legally valid. But they may be incomplete, not strong enough (can't just say "agent can do everything"). When the agent tries to use the POA it might work in certain situations, but not others. In this way, a free POA... View More
I'm looking for both physical and online resources where I can obtain a free Durable Power of Attorney document in Florida. This document should cover most matters, including financial, healthcare, and personal. I plan to appoint one agent with a second as a backup if the first is unable to... View More

answered on May 21, 2025
Florida went through a lot of changes in recent years and a lot of what you will find online is unreliable and inaccurate, or it will be from another state and Florida financial institutions and other entities will simply reject them and not accept them, so you have to be cautious. Most estate... View More
Is probate required after the death of my spouse, whom I was married to for 56 years, given that we have a trust and a will in place? Our home property, which we owned for 30 years, is titled in both our names and is not included in the trust. We have two surviving adult biological children who... View More

answered on May 18, 2025
I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you... View More
I have a handwritten will in the state of Florida that bequeaths my car and house to my daughter. It is signed by me and two witnesses, with an executor named. There have been no disputes, and my daughter is the sole beneficiary. Is this will considered legally sufficient to proceed with... View More

answered on May 16, 2025
Yes, while the Will may be valid under Florida Law (see below Florida Statute 732.502), it will be subjected to greater scrutiny if it is a handwritten Will, also, the Will is going to have to go through probate (time, potential delays and expense). I would encourage you strongly to do proper... View More
I have a question about the transfer of commercial property that was signed in December and filed in April. The property transfer occurred after the original owner's death and was to a beneficiary through a Trust agreement. There was no formal closing or stipulation regarding the transfer... View More

answered on May 13, 2025
Date of Deed Execution is date of conveyance. But if there is Court Case, delivery to and acceptance by the grantee may need to be proven by sworn testimony. Deed is effective upon execution but not notice to the world until recorded.
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