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Florida Estate Planning Questions & Answers
2 Answers | Asked in Tax Law and Estate Planning for Florida on
Q: My mother wants to gift/sell a home for half the value. Is she able to gift this without any tax implications?

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
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

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2 Answers | Asked in Tax Law and Estate Planning for Florida on
Q: My mother wants to gift/sell a home for half the value. Is she able to gift this without any tax implications?

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
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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....
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2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Bought house me as borrower mom coborrower what happens to property if one out live the other both no will
Phillip William Gunthert
Phillip William Gunthert
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

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2 Answers | Asked in Real Estate Law and Estate Planning for Florida on
Q: Bought house me as borrower mom coborrower what happens to property if one out live the other both no will
Anwar Elias Hadeed
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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...
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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father died 1/21. Starting 4/1-I have legal services as a benefit from my co. Can I wait until then to begin probate?

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
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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...
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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father died 1/21. Starting 4/1-I have legal services as a benefit from my co. Can I wait until then to begin probate?

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
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...
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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Is there anything I need to do to make sure I'm not loosing my inheritance?

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
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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

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1 Answer | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Florida on
Q: Does Medicaid ever approve benefits to people who have no other assets other than land property?

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
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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...
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4 Answers | Asked in Estate Planning and Probate for Florida on
Q: My daughter moved in with us, my question, how do we get her on our house deed so our home won’t go into probate?
John Jay Mangan
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John Jay Mangan
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...
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4 Answers | Asked in Estate Planning and Probate for Florida on
Q: My daughter moved in with us, my question, how do we get her on our house deed so our home won’t go into probate?
Anwar Elias Hadeed
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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...
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4 Answers | Asked in Estate Planning and Probate for Florida on
Q: My daughter moved in with us, my question, how do we get her on our house deed so our home won’t go into probate?
Phillip William Gunthert
Phillip William Gunthert
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

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: If My parents left me and my brother their estate (home) and my brother died leaving no will, do his children inherit it

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
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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

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: If My parents left me and my brother their estate (home) and my brother died leaving no will, do his children inherit it

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
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James Clifton
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

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4 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for Florida on
Q: in florida can a notice of deposition duces tecum be done by an attorney to make me bring records and documents

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
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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

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2 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Florida. special needs trust signed in 1990 I have never been evaluated by Social Security or certified DISALED?

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
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

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2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Florida on
Q: The house and property I have lived in for15 years has 3 years delinquent taxes. It's in my dad's name and he paid taxes

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
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

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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Anwar Elias Hadeed
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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...
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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Barbara Billiot Stage
Barbara Billiot Stage
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.

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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Phillip William Gunthert
Phillip William Gunthert
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

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4 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Does a person who has the Power of attorney over someone have the power to change that person will and deeds?
Terrence H Thorgaard
Terrence H Thorgaard
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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