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Florida Estate Planning Questions & Answers
4 Answers | Asked in Car Accidents, Estate Planning and Personal Injury for Florida on
Q: Husband died in car wreck, separated at time of death. 4 kids but only 2 under 19. Does settlement have to go in trust?
Chelsie Marie Lamie
Chelsie Marie Lamie
answered on Sep 11, 2023

I’m very sorry to hear of the passing of the father of your children. In a nutshell, in the State of Florida any settlement for a minor when the case is in litigation must have court approval and usually all funds over $15,001 are put into a protected account for the child. Even if the case is... View More

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4 Answers | Asked in Car Accidents, Estate Planning and Personal Injury for Florida on
Q: Husband died in car wreck, separated at time of death. 4 kids but only 2 under 19. Does settlement have to go in trust?
James Clifton
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James Clifton
answered on Sep 11, 2023

Sorry to hear about the tragedy that has affected your family. If the children are over 18, each of them will be able to receive their portion without the necessity of a trust or other protected account being set up. If they are under 18 and the amounts received are over $15,000 or the total amount... View More

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Where do I get a sworn copy of the will and an affidavit that the estate is not indebted. Is this a form I can fill out?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 23, 2023

You likely need to check with the clerk of the court in the county where the probate took place and or you will need to work with a Florida Probate Attorney in order to draft these and or any other documents that may need to be filed related to probate matters.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Where do I get a sworn copy of the will and an affidavit that the estate is not indebted. Is this a form I can fill out?
T. Augustus Claus
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answered on Aug 23, 2023

In Florida, to obtain a sworn copy of a will and an affidavit that the estate is not indebted, you would typically need to go through the probate process. The probate court oversees the distribution of a deceased person's assets and ensures that the terms of the will are carried out.

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How long after a person has passed are the terms of a will enforced.

My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 21, 2023

It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Who has the burden of proof when one beneficiary accuses another of stealing money from an elderly parent after death?

I was the full-time sole caregiver for my parent in hospice for almost 2 years. During that time, they said they wanted to move money from POD accounts (with 2 equal beneficiaries) into a joint account I shared with the parent. They said it wasn't fair that I was single-handedly saving... View More

James Clifton
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James Clifton
answered on Aug 17, 2023

The burden of proof falls on the accusing party but they only have to prove that by a margin greater than 50%, in other words, that it was more likely than not that the funds were wrongfully taken. If there are no witnesses and no written communications memorializing your parent's desire to... View More

2 Answers | Asked in Estate Planning, Elder Law and Gov & Administrative Law for Florida on
Q: Can I be a professional POA

I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More

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3 Answers | Asked in Estate Planning, Family Law and Real Estate Law for Florida on
Q: I have a will created in 2015 in FL. I since sold the residence listed in the will. Do I need a new will to list my new

Home or attach a paper to will with new home address?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 10, 2023

If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: In Florida are the grantor and grantee the same person in a ladybird deed?

Can the remainderman be the grantee if an enhanced life estate is reserved to the grantor as the life tenant?

T. Augustus Claus
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answered on Aug 8, 2023

In a ladybird deed (enhanced life estate deed) in Florida, the grantor is typically the person transferring the property and retaining certain rights, such as the right to live on the property for their lifetime. The grantee, on the other hand, is usually someone who receives the property upon the... View More

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2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: In Florida are the grantor and grantee the same person in a ladybird deed?

Can the remainderman be the grantee if an enhanced life estate is reserved to the grantor as the life tenant?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Aug 9, 2023

It is important that deeds are prepared correctly. If you are in doubt, please work with an estate planning or real estate attorney to prepare your deed. That being said, to answer your question in general, the homeowner is the grantor, and both the homeowner, as to a life estate with certain... View More

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1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can I block someone’s attorney if they keep sending an overload of emails when has already been discussed? I had enough
James Clifton
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James Clifton
answered on Jul 22, 2023

From experience, I can understand your frustration. However, blocking an attorney's communications can cause you to miss important information relating to the development of the case. If the excessive communication reaches the level of harassment or abuse, the judge overseeing the case can... View More

1 Answer | Asked in Estate Planning for Florida on
Q: Should estate expenses be shared from each beneficiary portion of their inheritance?

If an Estate expenses is $120,000 and all the beneficiaries agree to pay it. Should each beneficiary pay $30,000 from their portion of the inheritance, since it's 4 beneficiaries including myself. Or since I am entitled to 50% of the estate as the surviving spouse and the 3 adult children... View More

James Clifton
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James Clifton
answered on Jul 14, 2023

Estate expenses are typically paid before any division of assets occurs. The debts are paid in the following order:

(a) Class 1.—Costs, expenses of administration, and compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106(3)....
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1 Answer | Asked in Estate Planning and Family Law for Florida on
Q: Can my sister refuse to make payment to memory care for my mom? We share financial DPOA but I have medical authority.

My mother is currently in a very bad nursing home that is costing my mom (92 with dementia) $10,850/month as she does not qualify for Medicaid. The place I want to move her is half as much and specializes in memory care. The only reason she wants to keep her where she is is because it is in the... View More

James Clifton
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James Clifton
answered on Jul 6, 2023

The answer probably lies within the terms of the financial power of attorney (POA) itself. If there are two appointed agents under the POA, the POA should state whether financial decisions require the unanimous decision of all appointed agents or whether each of them can act in their own capacity.... View More

1 Answer | Asked in Real Estate Law and Estate Planning for Florida on
Q: My mother wants to put her property in my name(daughter), which is best a living trust, will or inheritance?
Phillip William Gunthert
Phillip William Gunthert
answered on Jul 2, 2023

You should speak with a Florida Estate Planning Attorney and weigh the pros and cons of each option. You may want to consider an Enhanced Life Estate Deed (Ladybird Deed) or a Trust, as both of these options if done properly will avoid probate. Simply naming you in a Will would require probate and... View More

2 Answers | Asked in Estate Planning for Florida on
Q: A living trust was created with its initial "funding" being a very confusing clause.

The funding is described as: "all that tangible and intangible personal property owned by (the Grantor) not requiring legal evidence of ownership." What exactly does this mean? I understand it would exclude real estate or vehicles requiring deed or title. Would it include membership in an... View More

Ira Markowitz
Ira Markowitz
answered on Jun 26, 2023

Is there real estate ? If the house or condo, or an empty lot(s) were transferred to the Trust it would be a Titled document and listed as assets transferred to the Trust. Tangible personal property is Not a "Titled" asset nor bank accounts (which are intangibles).You can check online... View More

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2 Answers | Asked in Estate Planning for Florida on
Q: A living trust was created with its initial "funding" being a very confusing clause.

The funding is described as: "all that tangible and intangible personal property owned by (the Grantor) not requiring legal evidence of ownership." What exactly does this mean? I understand it would exclude real estate or vehicles requiring deed or title. Would it include membership in an... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jun 26, 2023

Thanks for your question. In addition to the funding language included on a schedule attached to a trust agreement or in the trust agreement itself, certain assets such as bank accounts and real estate must actually be retitled during the grantor's lifetime in order to be made part of the... View More

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am the executor and one of two beneficiaries. The other beneficiary is uncooperative and threatening.

I am trying to get things done all by myself but it is time consuming and exhausting. All the contents of the house, repairs, insurance and probate all have to be done and I am being pressured to do things faster, and in a way that wasn't what my instructions were from the deceased. Without... View More

Joseph Coughlan
Joseph Coughlan
answered on Jun 8, 2023

What you are describing sounds to be a formal administration as the estate assets are over $75,000.00. If this is accurate, you need to be appointed as personal representative and need an attorney. Florida Probate Rule 5.030(a) requires every personal representative of an estate with more than 1... View More

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am the executor and one of two beneficiaries. The other beneficiary is uncooperative and threatening.

I am trying to get things done all by myself but it is time consuming and exhausting. All the contents of the house, repairs, insurance and probate all have to be done and I am being pressured to do things faster, and in a way that wasn't what my instructions were from the deceased. Without... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 6, 2023

I am sorry for your loss, please accept my condolences for you and your family. If you are the named estate Executor (called a Personal Representative) in Florida, once the Court has approved and authorized you there is little that your sibling can say or do. The process moves ahead and tends to... View More

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2 Answers | Asked in Divorce and Estate Planning for Florida on
Q: Divorce decree states 3 grandkids split life insurance after death of grandpa. Can he change that without grandma sign?

1 week or so before his death he changed his policy to disinclude his grandchildren and only include his current wife. Grandma did not give approval. Was this done properly? Do the grandkids have a right to the money from the policy due to it being in the divorce decree?

James Clifton
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James Clifton
answered on Jun 2, 2023

If the grandfather was bound by the divorce decree to maintain life insurance for the benefit of the children and he violated the decree, his estate may be liable for the loss suffered by the grandchildren under a breach of contract claim. It also sounds like the change to the life insurance may... View More

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1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Florida on
Q: If we bought a house during our marriage and got divorced and remarry each other and one of us dies, who gets the house?

When we bought the house it was tenants in common with right of survivorship after we divorced it automatically converted to tenants in common with 50/50 ownership. Now that we remarried each other will it reconvert to tenants in common with right of survivorship!

Paul Michael McDermott
Paul Michael McDermott
answered on May 27, 2023

Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... View More

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