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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... View More 
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answered on Jul 6, 2022
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... View 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.
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answered on Jul 6, 2022
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.
Best of luck.
answered on Jul 4, 2022
Maybe, if your husband does proper estate planning and or creates a deed naming you, then it is possible. You would have to start by viewing the current deed and how it is titled. Also, it depends on whether you have a prenuptial and or postnuptial agreement. It is not automatic that you would get... View More
and I am employed and make a very good income and I have a son that is a minor from a previous marriage to whom I would like to transfer my assets for his future and I will rely on my income that I am earning now. I am not planning on getting a divorce, but in case my husband and I will get to... View More
answered on Jun 20, 2022
Read the prenuptial agreement carefully. If in fact it says what is yours is yours then you can transfer it whenever you choose to whomever you choose. You may want to speak with a local family lawyer for more specific advice.
The deed to the house is in just my husband and his step-dads name. However there are 4 more siblings. The step dads will states that the house is to be sold and split 5 ways. Will my husband be soley responsible for any taxes due or fees since he is the only one on the deed?
answered on Jun 17, 2022
It appears that you husband and his step-father each have half interest in the property. So what do you mean when you indicate that your husband is the "only one on the deed"; has the step-father died? If the will is admitted to probate, one would expect that the step-father's half... View More
My wife owns 50/50 of a house with her sister because when their mom passed away, she didn't have a will. Is there any way we can legally get her evicted from the house and ownership of it? She doesn't work. doesn't pay the mortgage, electric, water, etc... we pay all the bills while... View More
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answered on Jun 14, 2022
The best solution to your wife's unfortunate situation is to her to hire a real estate litigation attorney to file a lawsuit called a "partition action" to force the sale of the house. Your wife and her sister would then split the proceeds. She might be able to convince the court... View More
answered on Jun 7, 2022
Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;
736.05055 Notice of trust.—
(1) Upon the death of... View More
I was wondering, If an individual dies in the State of Florida without any heirs or any living relatives or children whatsoever, does the state collect the items that once belonged to the person? and if so, what exactly happens to those items? Are they sold/auctioned off, or does something else... View More
answered on Jun 2, 2022
If in fact there are no remote cousins, or other heirs, it is possible that it could be escheated to the state under Chapter 717 of the Florida Statutes.
Normally electronic devices such as smart phones or other computers are password protected. If not, who would object? It probably... View More
I plan to hire an attorney to draft a revocable living trust that will be converted to a South Dakota irrevocable dynasty trust upon my death. I just want to get more educated on the subject matter before contacting an attorney.
answered on Jun 1, 2022
You will want to speak with an attorney in the state where you are domiciled and reside as a resident (where your homestead is and where you spend the majority of your time), I mention this because it will be important related to all of your estate planning with things such as your Will, Living... View More
My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... View More
answered on May 31, 2022
Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:
1. Was there any property left to probate at your uncle's passing?... View More
I would like to appoint my sister to manage my estate. My sister is capable and would guide my wife if I become an invalid or die. My wife is a recent naturalized citizen and I worry she would prove incapable of managing things on her own.
answered on May 26, 2022
Yes, you can pick whomever you would like to be your Florida Durable Power of Attorney and there is no requirement, law of obligation that says a wife/spouse must come first. There are numerous rights that a spouse has related to any estate, these issues and considerations you should weigh and... View More
My mother and I (her son) live together in a house. We are both listed on the deed and mortgage. This is the only real asset that she has. We are reviewing our estate planning documents.
Do I need to bother setting up a joint trust? Without one, since we're both on the deed, I believe... View More
answered on May 22, 2022
No, if title is in both of your names, and not joint title with right of survivorship (or something similar), should she predecease you, the property will not be solely in your name. Her estate would own half. Talk to an estate planning attorney.
My father lives in Florida. I live in California.
He added my name and my brothers name to the deed of his condo (no mortgage) in 2017.
In 2021 my brother passed away. In March 2022 my brothers widow was given POA over my father and added herself to the Quitclaim deed without my... View More
answered on May 11, 2022
And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.
I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.
answered on May 8, 2022
I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When... View More
Requesting my signature stating the pr has paid me full in cash but I have not rcvd any money. Should I sign
Attorney said its normal verbiage
answered on Apr 27, 2022
Should you sign a receipt for money you didn't receive? Of course not. Tell the attorney (for the PR, I assume) to explain, not simply to tell you that a paper by which you indicate you have received money which you have not received is "normal verbiage".
answered on Apr 25, 2022
Yes, as long as no prenuptial or postnuptial agreement was signed or some other waiver of Homestead Rights, then the surviving spouse usually has substantial rights to Homestead (at least a life estate or half 50% interest) amongst many other rights. The Will or any estate planning for that matter... View More
Lake County FL courts have a $100,000 lien against me. I need to know if they can take the money my mother left me when she died.
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answered on Apr 22, 2022
You will want counsel of a competent FL attorney, assuming the legacy is situated in FL. `Exemption Rights will be pertinent here. You may even open up a Trust. This is a public forum and you do not need to talk about this with anyone else but your attorney.
My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... View More
answered on Apr 18, 2022
Yes, you and your siblings (as well as your and your siblings' descendants, if any) are the "issue" of your mother.
answered on Apr 18, 2022
Do yourself an enormous favor by NOT seeking help on this public website about something as important as this.
None
answered on Apr 8, 2022
This should definitely be corrected, Ronald is a big difference from Robert and while you can try to claim it is just a typo scrivener error potentially, I would not rely on it and I would get it corrected, updated and changed as soon as reasonably possible. There is no real conceivable way someone... View More
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