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My mother inherited our grandmother's house and wants to gift the home for half the value of the home. Is she able to do this without incurring some sort of large tax burden the following year?
![Phillip William Gunthert Phillip William Gunthert](http://justatic.com/profile-images/1557767-1547162871-sl.jpg)
answered on Feb 11, 2025
Generally, it is better to inherit a home via estate planning and or a proper deed (enhanced life estate deed, ladybird deed) as you will get a stepped-up basis for the value of the home at or near the date of death. If the asset is gifted then a gift tax form will need to be completed and sent to... View More
My mother inherited our grandmother's house and wants to gift the home for half the value of the home. Is she able to do this without incurring some sort of large tax burden the following year?
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Feb 11, 2025
An Enhanced Life Estate Deed (Lady Bird Deed) or a Revocable Trust can help your mother transfer the home efficiently while avoiding probate and minimizing tax consequences.
Lady Bird Deed
This allows your mother to:
Retain full control of the home during her lifetime.... View More
![Phillip William Gunthert Phillip William Gunthert](http://justatic.com/profile-images/1557767-1547162871-sl.jpg)
answered on Feb 7, 2025
I would encourage you to have the current deed reviewed, based on how the deed is held it may transfer upon death (review needed). In addition, I would encourage you to consider having a proper estate planning done with respect to a Will and or other documents as well as a Deed with survivorship... View More
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Feb 7, 2025
If you and your mother bought a house together and both names are on the mortgage, what happens to the property when one of you passes away depends on how the title (ownership) was set up. Since there is no will, the way the property is titled will determine the next steps:
Joint Tenancy... View More
My father had a revocable living trust and a pour over will. My sister and I are only beneficiaries. Noone is going to contest anything. I know Florida law says "10 days" after death to file a will, but there are no legal consequences of missing this deadline, correct?
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Jan 29, 2025
I'm sorry for your loss.
You're correct that Florida law requires a will to be filed with the court within 10 days of the person’s passing (Florida Statute § 732.901). However, there are no direct penalties for missing this deadline—courts typically accept late filings as... View More
My father had a revocable living trust and a pour over will. My sister and I are only beneficiaries. Noone is going to contest anything. I know Florida law says "10 days" after death to file a will, but there are no legal consequences of missing this deadline, correct?
![Phillip William Gunthert Phillip William Gunthert](http://justatic.com/profile-images/1557767-1547162871-sl.jpg)
answered on Jan 29, 2025
I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult time.
While Florida Statute require the Will to be submitted to the clerk of the court within 10 days, nobody holds you to this standard and hardly anyone ever... View More
my older brother didnt file my late mothers will but instead year and half later went to a lawyer and now is filing a petition to descent and heirship and said she died instate. Before my mom died she went and got a $15,000.00 mortgage on her home and gave it all to my brother in one transaction... View More
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Jan 27, 2025
I'm sorry you're dealing with this complicated and emotional situation. Here’s some guidance that might help clarify your steps forward, but keep in mind that consulting a qualified probate or estate attorney in Kansas will be your best course of action. Here’s what you need to... View More
My sister is disabled due to a stroke in 2019 - after which she was in a California skilled nursing facility up until the end of September 2024 when she relocated to Florida. She was covered through Medi-Cal while residing in California. She's not eligible for SSDI - didn't earn enough.... View More
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Jan 24, 2025
Yes, it may be worth requesting a hearing with Medicaid, as exceptions and strategies exist that could help your sister qualify despite owning land. While Medicaid considers land property as a countable asset, certain options may help, such as:
Exempting the land: If the land is essential... View More
![John Jay Mangan John Jay Mangan](http://justatic.com/profile-images/558847-1596568608-sl.jpg)
answered on Jan 27, 2025
Some of the prior responses provide excellent alternatives to putting your daughter on the deed, presumably as a co-owner. I thought it might be helpful to explain why putting her on title as a co-owner now generally is not the best idea.
1. Your daughter will likely incur additional... View More
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Jan 24, 2025
Great question! To ensure your home does not go through probate after your passing, there are a couple of effective options available to you. At Hadeed Legal, we often recommend two approaches for situations like this:
Create a Trust: One of the best ways to avoid probate is to set up a... View More
![Phillip William Gunthert Phillip William Gunthert](http://justatic.com/profile-images/1557767-1547162871-sl.jpg)
answered on Jan 24, 2025
I would encourage you to speak with a Florida Estate Planning Attorney, not only will they be able to help you with your Homestead issue, but they will be able to help you with respect to other important and pertinent estate planning documents such as a Will, Trust, Power of Attorney, Florida... View More
My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a... View More
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Jan 27, 2025
Since this is in Florida, your brother’s children likely have a claim to his share of the house if he passed without a will and the property wasn’t set up with rights of survivorship (which would’ve automatically made it yours). Without formal paperwork documenting your verbal agreement with... View More
My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a... View More
![James Clifton James Clifton](http://justatic.com/profile-images/1669226-1669840017-sl.jpeg)
answered on Jan 23, 2025
If there is some written documentation regarding the arrangement you and your brother agreed to, it is possible that you can keep the house. The written agreement can be in text messages, emails, or any other form of writing. Without that, your brother's children will inherit his 50% of the... View More
if i want to serve the other party do i just notice them throught their attorney and does it need to say subpoena anywhere in the notice? i was looking for a template
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Jan 24, 2025
In Florida, an attorney can issue a Notice of Deposition Duces Tecum to require you to bring specific records to a deposition. If you're serving the other party, you send the notice to their attorney—no need to use the word "subpoena" for parties to the case. However, if you’re... View More
Having some spinal issues and doing this on a microphone. My relationship with my two sisters as trustees is deteriorating in the prognosis is not good and the forecast is cloudy. So I have several issues. They have a lot of money. They really do not want to be bothered with this. This is a... View More
![Phillip William Gunthert Phillip William Gunthert](http://justatic.com/profile-images/1557767-1547162871-sl.jpg)
answered on Jan 6, 2025
You would need to have the Trust reviewed by an estate planning and probate attorney, and you would want to make sure that the Trust is addressing your needs per the terms of the Trust, furthermore, the Trustees have affirmative duties and obligations to carry out the wishes of your father as... View More
Never asked me to pay taxes. He is now in assisted living and doesn't have access to bank accounts. The property is going to be sold on Jan. 13, 2025,unless the taxes are paid. Just found this out.
![Lauren Nagel Richardson Lauren Nagel Richardson](http://justatic.com/profile-images/550077-1490663420-sl.jpg)
answered on Jan 2, 2025
It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More
![Anwar Elias Hadeed Anwar Elias Hadeed](http://justatic.com/profile-images/1671710-1737566895-sl.jpeg)
answered on Jan 27, 2025
No, a person with Power of Attorney (POA) cannot change someone’s will or transfer ownership of their property deeds for their own benefit.
Here’s why:
Wills: A POA only grants authority to act on behalf of someone while they are alive. It does not give the agent the power to... View More
![Barbara Billiot Stage Barbara Billiot Stage](http://justatic.com/profile-images/1662949-1711494140-sl.jpeg)
answered on Dec 31, 2024
It depends on the language in the Power of Attorney. You should consult with a lawyer who handles probate and real estate. If the person with the POA changes the will and deed to benefit themself at the exclusion of others it might be subject to challenge.
![Phillip William Gunthert Phillip William Gunthert](http://justatic.com/profile-images/1557767-1547162871-sl.jpg)
answered on Jan 1, 2025
Probably not, a review of the Power of Attorney would be required and an understanding of what you are doing and why, any actions as the agent of a Power of Attorney must be for the benefit of the person who gave you the Power of Attorney generally speaking, unless there is something in the POA... View More
![Terrence H Thorgaard Terrence H Thorgaard](http://justatic.com/profile-images/1490080-1447135776-sl.jpg)
answered on Jan 1, 2025
The will can only be executed by the testator (person who is leaving his or her property by will) or executed by another person in the presence of the testator and pursuant to his or her direction. So, unless it can be proven that the testator was present and told the person signing to do so, the... View More
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