Get free answers to your Estate Planning legal questions from lawyers in your area.
The 2011 transfer doc states "Grantor does hereby convey and transfer unto the Grantee, heirs and assigns, the following described property.....". The original trust was created for my father and his decendants. It was controlled by a trustee, as he had many issues. We benefited... View More 
answered on Apr 7, 2022
No, you do not have any interest in the property. If the deed was to "the Grantee, heirs and assigns", it means that the grantee was given "fee simple" title to the property. The wording " heirs and assigns" means the GRANTEE's heirs or whoever the GRANTEE might... View More
the beneficiaries (5 siblings including the trustee) with details of the trust nor an accounting of the trust. My understanding from reading FL statutes is that she has 60 days to provide a copy of the trust and an accounting of the trust's assets and liabilities to the beneficiaries. She has... View More
answered on Apr 6, 2022
The reason why Florida law allows Trustees at least 60 days to notify beneficiaries is to allow the Trustee sufficient time to locate and examine the decedent's Last Will, search for and gather the decedent's personal property, get copies of deeds to real property, inventory all of the... View More
That all I know
answered on Apr 1, 2022
You likely need to start with an attorney in the state where this probate or matter took place. You should start with the deceased person's state of residence/domicile, where their Homestead was located and where their property/estate was probated. If there are monies due, it would be listed... View More
Does probate need to get involved!?
answered on Mar 25, 2022
Yes, you have an affirmative duty to file any Will with the clerk of the court in the county where the deceased person was a domiciled resident (where their Homestead is located). The Florida Statute says you must do this within 10 days, no one will hold you to that timeline. As far as requiring an... View More
The account was opened by their girlfriend.
answered on Mar 12, 2022
Maybe, not preferred and probably not likely. You would need to minimally provide some sort of a notarized document stating clearly in writing with your signature and witnesses notarized that this is what you want the estate representative to do, even then, it is likely that they will not be... View More
His first and last name are same as mine. Before he passed we did a notarized will naming me as sole beneficiary. We also have a signed a notarized POD (PAY ON DEATH) for his checking account naming me beneficiary which I did upload to the bank, although I've heard nothing from them. I've... View More
answered on Mar 9, 2022
I am very sorry for your loss on the passing of your father, please accept my condolences and sympathy for you and your family at this sad time. Generally, any assets with a pay on death designation will go directly to that named person. Whether you should be taking money out before hearing from... View More
My partner passed away a few weeks again, and the jurisdiction assigned to the case took his phone and a couple of other things into evidence since there was an open investigation. He did not have a will. His dad tried to call and obtain the phone back, and was told by the officer that he needs a... View More
answered on Mar 6, 2022
No. Your partner's father can obtain the phone by complying with Florida Statute 735.301, et seq. "Disposition Without Administration". He doesn't need an attorney to do that. Of course, the phone can be kept by the police until the investigation is over.
how will this affect the current will that i am the beneficiary, does the will has to be updated with my new name or can it stay as it is?
We reside in FLorida.
answered on Mar 4, 2022
While it will generally be fine, as is, I would recommend that you simply do a Codicil to the Will to make sure it is 100% accurate and correct to avoid any issues or questions whatsoever. A Codicil is a simple addition to a Will for small and simple changes of this sort.
Four days ago I received a letter that I needed to pressure wash the side of my house. Two days after I receive the letter I went outside and pressure wash the side of my house and it is squeaky clean. Four days after receiving the letter they sent somebody out to come and pressure wash my house... View More
answered on Mar 2, 2022
You apparently fixed the problem within the 4 days, so what is the difficulty? Did you respond in writing to their ultimatum??
The will and the banks POD are dated and notarized before his death. I am the sole beneficiary, I also had a finanncial and health POA while he was alive. I have his debit card and PIN. I paid for the cremation using his card. I am assuming since I have a singed and notarized POD form naming me as... View More
answered on Feb 25, 2022
I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family. The Power of Attorney ends on the date of death of your father, so that document is no longer of use. The Will should be copied and the original submitted to the clerk of the court in... View More
My father left when I was young. We re-connected a few times but did not stay in touch before he died a number of years ago. His wife is still alive, living in the house they owned. They had no children and she has none of her own. When she passes away, do I have any rights to the home, cars, etc?... View More
answered on Feb 20, 2022
It would depend on whether your father left a will and, if so, whether the will was admitted to probate. If there was no will, you would, generally, inherit half of the estate. See an attorney.
Night club in Osceola county, when he died he made a trust and my father Ronald phillips was executer over the entire estate. When my father passed away three years ago me being the only child with his last name everything was passed down to me, my aunt and uncle manipulated and lied to me to get... View More
answered on Feb 17, 2022
You will need to get a copy of the Trust and or any other probate/estate documents and the documents that you signed and have them reviewed by a Florida Probate Attorney. Of particular concern is the fact that you have waited 3 years to take any action in order to start to address this matter and... View More
What can I do? I came from a family of 5 children, 4 still living, my older brother and sister, myself, and a younger sister. My dad deferred a lot to my older brother and now my brother takes over, has access to his banking info., took care of his arrangements, everything. My dad didn’t have... View More
answered on Feb 16, 2022
I am very sorry for your loss on the passing of your dad, please accept my condolences and sympathy for you and your family at this difficult time. You are going to likely need to speak with a Florida Probate Attorney where you can provide additional information and details in order to get more... View More
Hi. I was searching court records for my grandfather after my mother (his caretaker) saw an odd credit card charge. He is currently in a suit to be ejected from his girlfriend's property that was filed by his girlfriend's daughter/guardian. The issue is that my father has a POA for my... View More
answered on Feb 13, 2022
If your grandfather is being sued to be ejected from his girlfriend's property, what difference does it make that he has a POA "for" your grandfather's father? You might want to re-ask this question so that it makes sense.
My nephew and I were going to solely be on the deed but the community wants her name on it as well. How can we avoid being liable for any potential creditors she may incur in the event of her passing (medical bills, credit cards etc) while adding her name to the deed in Fort Myers FL.
answered on Feb 3, 2022
A manufactured home has a title similar to a vehicle title. If you put your name and your nephew's name on the title, that does not make either of you responsible for creditors of your sister. However, with your names on the title, the community will most likely find you liable for the rent... View More
live in the house until he dies or can no longer then house passes to the other 3
answered on Jan 28, 2022
You could give the son who is living with you a Live Estate and then have the other sons and him be the remaindermen so they would get the property when you die. This can be done through a deed.
Ellen DeutschTaylor
727 365-3121
My mother has a durable poa from my father. My father has had a stroke but is not fully incapacitated. My mother needs me to take over many of the tasks. Since my mother has poa from my father could she, as his representative, sign a poa in his place given me poa for my father?
answered on Jan 26, 2022
No.
Your mother cannot lawfully transfer her POA or give you a new POA over your father.
At best, she can hire you to perform some of the tasks that she is supposed to perform.
I loaned my mother $43,000 at 7% interest 21 years ago. It was secured by a promissory note and upon her death I would receive payment. Upon her death in October 2021 I was informed that the house she owned could not be used to satisfy her debt to me as we had planned because of the homestead... View More
answered on Feb 3, 2022
Florida Homestead provisions protect the homestead from creditors except for mortgages, mechanics liens for work done to the homestead, and taxes. Your siblings are not required to pay off the note. If you don't agree to the sale of the homestead, the other owners can force sale of the... View More
same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?
answered on Jan 18, 2022
If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market... View More
Can the other party go after Money paid to the estate?
answered on Jan 6, 2022
No, the assets of the estate do not belong to you. Ask your probate attorney.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
