Get free answers to your Estate Planning legal questions from lawyers in your area.
My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?
answered on Mar 19, 2025
I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.
If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.
If no probate was commenced,... View More 
I am doing estate planning and want to know if certificates of deposit are considered tangible property. Specifically, can I designate these CDs to go to a specific person in my estate?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 13, 2025
CDs are not tangible personal property so you cannot use a personal property memorandum to designate who should receive them. Instead you would make a specific distribution of them in your will or trust.
In accordance with Florida law, can a revocable trust be executed or delivered if the assets, such as bank investments and real estate, were not transferred into the trust account before the grantor's death? My aunt passed away in September 2024, and her lawyer did not explain that the assets... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
In Florida, a revocable trust must have assets properly funded into it during the grantor’s lifetime to fully function as intended. If assets like bank accounts and real estate were not transferred before your aunt’s passing, those assets may need to go through probate to be moved into the... View More
In Florida, can a trustee refuse to administer an irrevocable trust if the beneficiaries won't sign a form acknowledging they received a copy of the trust? The trustee claims Florida law requires the beneficiaries' signatures, but the beneficiaries are hesitant because they believe it may... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
In Florida, a trustee cannot refuse to administer an irrevocable trust solely because beneficiaries won’t sign an acknowledgment of receipt. While Florida law (Fla. Stat. § 736.0813) requires the trustee to provide a copy of the trust upon request, there is no legal requirement for beneficiaries... View More
My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More
answered on Mar 10, 2025
Your sister has an affirmative duty to submit any will to the clerk of the court within 10 days of passing, since this has not been done and 5 years have passed already, you can start a probate yourself, you do not need your sister or the Will. If there is a Will she will bring it forward once you... View More
My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
You have several legal options to address this situation in Florida:
Demand Filing of the Will – Florida law (Fla. Stat. § 732.901) requires the custodian of a will to file it with the court within 10 days of learning of the testator’s death. You can send a formal written request to... View More
I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More
answered on Mar 5, 2025
An Enhanced Life Estate Deed (Ladybird Deed) is one option to accomplish your stated goal and will avoid probate, if that person predeceases you, that will be a problem, and you will probably end up right back in probate. While a Trust would cost more, it would also avoid probate and give you say... View More
I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
A Lady Bird Deed (Enhanced Life Estate Deed) is a great way to avoid probate while keeping full control of your property during your lifetime. It allows you to name a beneficiary who will automatically inherit the home upon your passing, without the need for probate. You can sell, mortgage, or... View More
I have been with my partner for 9 years, and we are planning to get married soon. I own a home with a mortgage balance of $195,000, which I plan to pay off when I sell this house and move further south in Florida. I want to ensure that if I pass away, my husband will inherit the new home, car,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
To ensure your future husband inherits everything without probate, a trust is the best option. While adding him as a co-owner with rights of survivorship on the new home would allow him to inherit it automatically, your other assets—like your car, jewelry, and personal belongings—would still... View More
I have been with my partner for 9 years, and we are planning to get married soon. I own a home with a mortgage balance of $195,000, which I plan to pay off when I sell this house and move further south in Florida. I want to ensure that if I pass away, my husband will inherit the new home, car,... View More
answered on Mar 3, 2025
While you can accomplish the goal in the manner that you have described (adding to deed, joint accounts, pay on death and transfer on death), it would be advised and wise to work with an estate planning attorney to accomplish these goals. While a Will is going to need to be probated and it would... View More
I've been living with my partner in Florida for over 10 years. In the event of my partner's death, I'm listed in their will to receive the house and any money that may be coming. There are no other heirs who might contest the will, it was notarized with witnesses, and there are no... View More
answered on Mar 3, 2025
If you are listed as what is called the remainder beneficiary to receive the "rest, residue, and remainder" of the estate, then you would be entitled to any asset that was part of that remainder including proceeds from settlement. The remainder would not include any asset that passed... View More
I've been living with my partner in Florida for over 10 years. In the event of my partner's death, I'm listed in their will to receive the house and any money that may be coming. There are no other heirs who might contest the will, it was notarized with witnesses, and there are no... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025
In Florida, a properly executed will (signed, witnessed, and notarized) generally ensures that you inherit as specified. However, lawsuit proceeds may not automatically be covered if they are not explicitly mentioned in the will. If the estate is the beneficiary of the lawsuit, the funds will pass... View More
I am creating a durable power of attorney to have my sister make all major financial and medical decisions for me due to having a brain injury that makes it difficult for me to understand complex matters. I have already drafted a durable power of attorney but have not consulted with an attorney due... View More
answered on Mar 3, 2025
Florida is extremely particular about their Power of Attorney (POA) ever since substantial statutory changes related to POA, they require specific initials in various sections of the document in individual paragraph sections so be aware. You file the POA with whomever and wherever you would like it... View More
I am the Power of Attorney (POA) for my living mother, who has a will without any specific clauses addressing her debts. She has credit card debt that I am concerned about. I have not signed anything, nor am I a co-signer on her credit cards, but I am on her checking account. Am I personally... View More
answered on Mar 2, 2025
No, if you did not cosign to be responsible you are not liable for her debts. If anything were to happen to your mom and she became deceased, her estate would be responsible for any debts in a probate, if there is a probate, you still would not have any responsibility. In many instances, if there... View More
If I had a joint bank account with my mom, who has passed away and left a pour-over will, is a beneficiary entitled to see the bank statements? The estate is not going through probate per my mom's request. There is an executor handling the estate, but the pour-over will does not have any... View More
answered on Mar 1, 2025
A point of note, a joint owner of an account usually becomes the sole owner of the account upon the other person's passing, there is no probate of that asset and the joint owner becomes the owner of the entire account and all of its monies. A beneficiary of the Will would have no rights or... View More
My mother passed away, and her will appoints me as her Attorney In Fact to sell or distribute her goods. She may be upside down on her mortgage, and I am not on the mortgage. Her will does not specify what to do with the house. I contacted her mortgage lender, and they requested her death... View More
answered on Feb 24, 2025
The answer depends on a few factors, but first, a point of clarification. If you hold power of attorney for your mother, you no longer have the authority to act on her behalf after her death under that document. If she had a will, the executor named in the will is the person with authority to act... View More
I've recently lost a friend who left me a small will a few years ago, bequeathing his dog and home to me. The will is signed and dated by him, as well as by a witness, but it is not notarized. I don't believe he has any immediate relatives, and I am not aware of any other formal wills. I... View More
answered on Feb 24, 2025
I am very sorry for your loss of your friend, please accept my condolences. You will need to have a probate attorney look at the Will in order to determine if it is valid and enforceable, generally it will need to have two witnesses and the signature of the testator (the deceased). The property... View More
I am a biological son of my parents, and my father's will in Florida was recently revised. This new will includes a clause titled "Effect Of Adoption." When I asked the estate attorney about this, I was told it's just "boilerplate." There have been no adoptions in our... View More
answered on Feb 23, 2025
If there have been no adoptions in your family, then this clause would not affect anything. It would be considered boilerplate that you can ignore. If there were an adoption in the family, then this clause, depending on what it says, would either include or exclude the adopted person.
I am a biological son of my parents, and my father's will in Florida was recently revised. This new will includes a clause titled "Effect Of Adoption." When I asked the estate attorney about this, I was told it's just "boilerplate." There have been no adoptions in our... View More
answered on Feb 23, 2025
One would have to read the clause to know what it means. Sometimes attorneys who draft documents think they need to include "boilerplate" language to cover very unlikely but possible occurrences. It is included sometimes because that's what is "always done", but for no... View More
I am a biological son of my parents, and my father's will in Florida was recently revised. This new will includes a clause titled "Effect Of Adoption." When I asked the estate attorney about this, I was told it's just "boilerplate." There have been no adoptions in our... View More
answered on Feb 23, 2025
It usually means that any legally adopted children are treated in the same manner as any biological children, you likely need to have it reviewed and or explained by your current attorney or another estate planning attorney. The adoption language is indeed generic/boiler plate language often as a... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
