My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... Read more »
A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will...Read more »
Likely not, you will want an attorney to review a copy of the deed, unless it was an enhanced life estate deed (ladybird deed), you are likely stuck with your partner as a co-owner of the property, unless they agree to sign a quit claim deed or other deed back to you, you may well be now a co-owner...Read more »
I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will...Read more »
I requested from the bank that my deceased dad was an account holder at, if they could release the bank account balance at the date of his death to me, so that I could figure out the value before filing to court. They want letters of intent and letters of administration 1st. Is there a way to get... Read more »
Sorry, Floridas circuit court clerks, judicial assistants, magistrates, and judges are far too busy to be sitting around by the phone texting friends and waiting to hear from curious citizens looking for free money asking them for free special legal help that cannot be done.
I am having my will re-drawn. I am naming my only son as beneficiary/executor of my entire estate. I would like to include a contingent bequest of my entire estate to a local animal rescue in the event we both die at the same time (I know, it's actuarially unlikely but I want to cover all... Read more »
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are...Read more »
My boyfriend is currently in prison and wants to give me power of attorney over all of his real property like his car's trucks includes trailers etc and also wants me to collect his stimulus payments which power of attorney do I need to file
Your boyfriend has a choice - either a general power of attorney or a limited one, and for either one of those choices, durable or non-durable. General would give you power to act on his behalf of just about anything under the sun, and limited is for just certain listed items. A durable power of...Read more »
I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any...Read more »
I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... Read more »
It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.
I also do not understand what you mean by the $1,000...Read more »
The short answer (and my legal advice) is to follow the correct advice given to you by the attorney probating your mother's estate because the estate attorney will fight you in court over this issue--using your mother's money.
My uncle was close with his mother, brother and sister. We had family gatherings at my grandmas house all the time. He was at my grandmas house more than he was at home with his wife and children. He was married for 29 years and did not add his wife’s name on his bank accounts, business or real... Read more »
I have a friend whose father passed away with no will. The son did not complete the probate process and is currently incarcerated in Volusia county jail. The fathers house is in preforeclosure right now, mediation scheduled for Oct 2022. The house/land is appraised at 300K+ and about 130K is owed... Read more »
In some states, the person can sign a form that can transfer that responsibility to someone else. Is there someone else the friend trusts to complete this? Depending on the resources available within the jail, it may be difficult to complete some of the tasks required.
Sister's husband, whom I do not trust, has been meddling in my deceased mother's house sale. Mom did not leave a Will but she instructed the monies be divided between all 4 children. Sister is remainderman as it seems at some point someone advised them to put the house as a Life Estate.... Read more »
The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... Read more »
Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any...Read more »
An online translation tool yields the following: "motion requesting order to summon by edict and authorization to question by edict?" Apparently, someone wants a summons issued and an order authorizing discovery.
My grand mother wants to buy a property in Florida and put my name on the title and have a joint tenancy if possible. She also said maybe it's better if the title is in my name and she has a life estate instead. She basically wants to know what's the best way to go about buying the... Read more »
Great question and what a great problem to deal with!
One key component to many Estate Plans is creditor avoidance. Fortunately, there are several alternatives available to both of you, some of which require specific language to be included in the deed. In addition to Estate Planning...Read more »
I'm creating a Family Revocable Living Trust, which will involve Co - Trustees in the Living Trust. However, are we both "required" to sign the new deed as Trustees? Or would it be sufficient for only one Trustee to sign as Trustee? Currently the property is under only one person's name.
This is a question that requires additional information. It also deals with the title to real property and should not be done based upon an internet query. It is best to bite the bullet and hire an Estate Planning attorney who can assist you in answering that question.
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