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

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

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

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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

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

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

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

Maite L. Diaz Lawyers, want to be a Justia Connect Pro too? Learn 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

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

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

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

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.

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 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

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

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

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

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

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn 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.