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I was told there is a new law in Florida stating citizens must use an attorney for notarizing wills. Is this true?
answered on Dec 27, 2021
Wills must be witnessed by two people and notarized if you are using a self proving clause. You should have your will reviewed by an attorney to make sure it complies with Florida law.
Ellen Deutsch Taylor
answered on Dec 24, 2021
You will need to provide additional information and details, is this related to a Will and Probate or is it related to a Trust, also, unless the attorney is also the Personal Representative of the probate estate or the Trustee of the Trust, the attorney should not be holding anything for any... View More 
His trust lawyer said I needed to hire an estate lawyer for my 11 year old son (at the time). How long does that lawyer control my son’s money? He is now 15.
answered on Dec 24, 2021
It is not even sure that the attorney controls anything, the Trustee of the Trust controls what happens based on the terms of the Trust document, if the attorney is the Trustee, then he will serve in that role, but he must act in accordance with the terms of the Trust. You will need to get a copy... View More
Florida - My mother had a check made out to her on 12/15/2021. The check was a lump sum payout from a pension benefit plan. She passed away on 12/22/21, prior to getting the check cashed. The back of the check says, "This benefit is payable only to the payee named on the reverse side of... View More
answered on Dec 23, 2021
No. Contact the pension plan and ask that it be re-issued to your mother's estate.
Can I get help with recovering any of the policy payout.
answered on Dec 17, 2021
I am very sorry for your loss on the passing of your father, please accept my condolences. The only assets that will go through probate are the ones in your father's name alone. If a probate has not been done and there are any assets of this type, they will be handled at that time via the... View More
It is joint with rights of survivorship, we specifically wanted to have access to it regardless if one of us died. Now the bank has frozen the accounts after I innocently mentioned to them of her passing since i thought i was in my right. They are saying that there is no rights of survivorship in... View More
answered on Dec 15, 2021
You will need to contact a Canadian lawyer but I would definitely not rely on information from a bank employee.
answered on Dec 11, 2021
While the answer to your question is generally yes. You will likely want to review the Trust and have it updated for the State of Florida if this is now your state of residence and domicile. Unless there is a particular reason or the majority of your assets in NY, you likely need to update it. If... View More
My father passed in 2012, one of his daughters has been paying the taxes for his home in vacation home in Florida for the past 7 or so years, but has never asserted any actual ownership (while quietly paying the property taxes). On the revenue departments website the account shows "estate of... View More
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answered on Dec 9, 2021
Sounds like she could have a viable claim for adverse possession. A lawyer would have to review the facts in detail. And statute of limitations to probate an estate has passed, which is 2 years. I'd still ask a probate lawyer...
Grantor is in assisted living and can't leave. She has CD'S at many banks held in a grantor trust. She wants POAs to close them and deposit to 1 trust account.
Some of banks are wanting proof of incapacitated from DR. Poa specifically says they can do trust accounts and is not... View More
answered on Dec 1, 2021
1. There is no law or "article" that you can use to "prove them wrong."
2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.
3. If you will turn this around and look at it from THEIR position you... View More
Setting up attorney agreement for estate management/settlement in Florida. The house is left directly to someone in the Will, but the attorney agreement states, "If the homestead is removed from the estate by petition, it will still be included in the value of the state for fee... View More
answered on Nov 23, 2021
You should speak with other estate planning attorney's as they bill by the hour or flat-fee for both estate planning and or probate if it is needed. This is a garbage fee if I am understanding it correctly. Florida Law specifically states that the Homestead Property shall not be included in... View More
Do I need to be present? I live in Hawaii and she is in Florida
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answered on Nov 15, 2021
You do not need to be present when your mother signs financial and medical powers of attorney appointing you as her agent. However, you and your mother both should consider whether it is practical for you to serve in those capacities given the large geographic distance. It is not impossible for... View More
The county wants to charge regular rates with no exemptions the year after she died. The house is still in her name. Is there a law that states when the rates change. The house is still in her name and in the trust just as if she were alive. What rules apply here for Volusia County, New Smyrna... View More
answered on Nov 15, 2021
Florida's Homestead Tax Deduction only applies to people, not Trusts.
Most if not all countys send notices reminding citizens to register for the deduction on or before March 1 of each year.
If the property had the deduction the year before it will continue--unless changed... View More
My aunt who is successor agent only is trying to steal my home I've lived in since 1993 that my grandmother owns against my grandmother's wishes but unfortunately she has Alzheimer's and my aunt is doing this out of greed with malicious reasons as well as she's very envious of... View More
answered on Nov 15, 2021
If "the judge said [that your aunt] has power of attorney [and that the judge will] probably rule for [you] to move out ...", you should point that out to the judge, obviously.
NEW JERSEY AND FLORIDA
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answered on Nov 14, 2021
TBE is a method by which married couples can hold the title to a property, any property. It simply provides for rights of survivorship.
What attorney took over Mr Meeham's files as we have an estate question about a CD in my father-in-law's that the bank won't transfer to his surviving spouse?
answered on Nov 5, 2021
You will likely need to speak with a new Florida Probate Attorney and they can answer or re-open the probate estate if needed and if the issue cannot be resolved without re-opening the estate. If this is a newly discovered asset, will need to be addressed by the probate court, if the asset was... View More
We live in a corner lot, and we would like to build a 6 foot fence on the property perimeter. We'd like to know how far can we take the fence to the line property, and if we can consider one of the "fronts" of a corner property as a "side". Only the "main"... View More
answered on Oct 26, 2021
The Eatonville Code of Ordinances is here:
http://eatonville-fl.elaws.us/code/coor
A brief review of it doesn't reveal any problem with what you want to do, but of course you should contact the Planning Department and get a permit. They should be able to guide you.
If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... View More
answered on Oct 26, 2021
Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... View More
Can the POA in a durable power of attorney sign a quitclaim deed where the grantor is transferring to the grantee who is also the POA —legally if there is no stipulation in the POA against that? My mother and I have a property in Florida as joint tenants with survivorship to me but the property... View More
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answered on Oct 23, 2021
I know this is probably not the answer you want, but you really need to have the POA reviewed by an attorney. The answer depends on the exact wording.
Please also get personalized advice from an attorney on the effect such a trasactio
My Aunt passed away over 2 years ago. There was a will and the estate promptly went to probate. The deed to the house was previously put in a family friends name. The mortgage was only under my Aunts name. The estate can’t be closed out because the person on the deed cannot get a mortgage due to... View More
answered on Oct 14, 2021
It is unclear why the title to the house was conveyed to the "family friend", subject to the pre-existing mortgage. Depending on the purpose of this conveyance, and upon the amount of consideration, if any, the personal representative might want to sue to set the conveyance aside.
answered on Oct 11, 2021
I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close... View More
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