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I am the executor of my late father's will. His will specifies that his home should be sold, but his wife is currently living there and refuses to sell the property. The will states that the property is to be left to me, but she wishes to remain there until she passes away, which I am willing... View More 
answered on Apr 28, 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 and sad time. In Florida the Executor is called the Personal Representative and until a probate is commenced and the court/judge authorizes this role and approves you... View More
I am the executor of my late father's will. His will specifies that his home should be sold, but his wife is currently living there and refuses to sell the property. The will states that the property is to be left to me, but she wishes to remain there until she passes away, which I am willing... View More
answered on Apr 28, 2025
If the property was your father's homestead, the will does not override Florida law regarding how the homestead passes to your father's heirs. Your father's wife can choose to live in the house for the rest of her life with no other ownership interest, or she can choose to own half... View More
My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More
answered on Apr 24, 2025
There's no such thing as protecting your rights outside of the legal system. **you need a lawyer asap.** If she added him to the deed of the property "meant for you", you are likely out in the cold. She could leave you a million dollars in her Will, but if she had only a dollar at... View More
My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More
answered on Apr 25, 2025
Hi there, sorry about your mother's stroke and this troubling situation.
Unfortunately, a will generally can't override a deed, which makes this challenging. Gather all documentation and consult with an attorney quickly. A lis pendens is a legal notice that can be filed with the... View More
I am involved in a dispute over my mother's beneficiary designation. My sister claims there is a will from 2014 naming her as the beneficiary, but I have paperwork from the funeral home from 2016 indicating the funeral director was named the beneficiary. Additionally, the funeral director... View More
answered on Apr 23, 2025
First, a Will that was not rescinded has standing. If the funeral home state there is no Will, then I would inquiry as to why they have paperwork naming them a beneficiary that is not a Will. Since you mother has passed, I would suggest filing the Will with the court and the document the funeral... View More
My sister, an Ohio resident who has lived with me in Florida for the past three years, is currently in a Florida hospital with a terminal illness. She does not have an existing power of attorney. I need to become her power of attorney, primarily for medical decisions. Should I obtain a power of... View More
answered on Apr 22, 2025
I am very sorry for your sister's health issues and struggles. I would advise that since she is in Florida and you will need to use it in Florida you should get one in Florida, the State of Florida is extremely particular about the Florida Power of Attorney (POA) as well as the Health Care... View More
I'm involved in an estate court case concerning my late mother's will. My sister claims that our mother appointed her as the executor and gave her power of attorney (POA). However, I have my mother's medical records indicating that my sister was never officially appointed as POA, but... View More
answered on Apr 22, 2025
No. The medical records would be inadmissible hearsay. If the absence of a power of attorney is somehow relevant in a case to establish a will (i.e.: probate), you might be able to prove it with the testimony of witnesses such as your sisters.
I need a DNA test with my deceased parent to claim my father's last name legally. The morgue informed me that a lawyer's assistance is required to proceed. We never needed a DNA test before, as we always accepted him as my father, but now that he has passed away, I cannot get any help... View More
answered on Apr 21, 2025
That's a new one on me. If you are an adult, and your legal last name is different than your father's, you may petition the Circuit Court (in your area) for a name change to any name you feel like, no DNA test needed. Consult a general practice attorney near you. Also, if you do on... View More
I need assistance with writing a legal will. I have a small life insurance policy named for my daughter, covering funeral costs and a few thousand dollars left for my children. I want to include the distribution of this amount in my will. I also own an old mobile home that I plan to leave to my one... View More
answered on Apr 17, 2025
You will want to speak with a Florida Estate Planning Attorney and they will be able to create the Will and related documents that you may want to consider such as the Will, Living Will, Power of Attorney, Florida Healthcare Surrogate, HIPAA Waiver and so forth, if all you want is a Will drafted,... View More
I am a direct heir and need to file the appropriate documents in the Volusia County, FL probate courts to claim unclaimed property exceeding $300,000. I possess death certificates, an affidavit of heirship, and a copy of the trust with unredacted pages. I'm aware of the specific forms required... View More
answered on Apr 8, 2025
If the probate court is involved, then some version of probate will likely be required as the asset was likely never put into the name of the Trust I would suspect and therefore a probate will potentially be required. If this is in Florida, then you will need a Florida Probate Attorney and have... View More
I need assistance with executing a Power of Attorney at a nursing home where the staff has previously given the notary a hard time. Despite having two signed POAs, I require a revised one to be signed. The situation demands the presence of a credible witness. How can an attorney help facilitate... View More
answered on Mar 31, 2025
Go to www.123notary.com to find a mobile notary who will come to you for a small fee (ask them to bring witnesses - although when a client of mine is in a nursing home, I have just grabbed any two individuals to quickly observe and sign as witnesses).
If you need an attorney to prepare the... View More
I need assistance with executing a Power of Attorney at a nursing home where the staff has previously given the notary a hard time. Despite having two signed POAs, I require a revised one to be signed. The situation demands the presence of a credible witness. How can an attorney help facilitate... View More
answered on Mar 30, 2025
Not sure if you mean you have the revised POA ready and only need execution (signing/witnessing/notarizing), and not sure what you mean by "staff giving the notary a hard time." If you mean you have the revised one ready, and the only problem is that no one on staff is willing to be a... View More
I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More
answered on Mar 26, 2025
I am sorry to hear about your mother's health struggles related to her stroke and hope she will recover and improve soon. Transferring a property can be problematic, this is especially true if it concerns a Florida Protected Homestead as special rules, laws and protections apply to it. Also,... View More
I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More
answered on Mar 26, 2025
I'm deeply sorry to hear about your mother's stroke, and I sincerely hope she's making a good recovery. Given her health and the ongoing mortgage payments, it's essential to carefully consider the legal and financial aspects of managing her property.
In Florida, several... View More
I need guidance on transferring a residential home from a mother to her daughter in Florida. The mother had a stroke and no longer works, and the daughter is making the mortgage payments while they both live in the home. No other family members are interested in the property. What steps should we... View More
answered on Mar 31, 2025
First - be careful that this is really what you want. Transferring property before death can result in an adverse tax consequence to the daughter (loss of step up in basis). Mom may want to utilize a lady bird deed (i.e. enhanced life estate deed) instead.
Also, as another attorney... View More
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?
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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
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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
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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
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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
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