The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole... View More

It depends on whether your father designated health care surrogate or proxy. If he did not, the law provides a pecking order of person to make decision on his behalf. The first on the order is court appointed person, followed by the spouse. If you have reason to believe that your step mother is not... View More

If the terms of the court order required that Proof of an insurance policy is required to be produced by your father, and was not produced, then the Estate may argue that the mother of your minor half brother waived her rights because of her failure to act and her continued failure to act to bring... View More

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answered on Sep 14, 2021

Approved for what? You should repost your inquiry with more information.

Yes, but what's the basis for disputing it? That your date of birth is wrong? That's probably not a material issue to render the Will invalid. But the best advice is to take Mom's new Will to a probate attorney who is licensed to practice in Florida, who may be able to give some... View More

I assume there is no cash in the estate.

Are you and his sister adversarial? If not, then talk to an attorney about working out an agreement that allows you to be recognized as a creditor of the estate, and pursuant to this agreement you would ontinue pay the mortgage, but you would get... View More

It can be challenged if the devised assets were not hers when she executes the will and the trust. You should definitely talk to a lawyer about that.

I would not recommend placing a vehicle into a Trust because of liability reasons. If there is an accident involving the vehicle, the injured party might file a lawsuit against the Trust. Also, an insurance company might not want to insure a vehicle titled in the name of a Trust. In Florida, it is... View More

No. There is no law in Florida--nor in any other state that I am aware of--that imposes any sort of "liability" on anyone whose immediate family members--of the funeral home--do not notify everyone else in the family when a person dies.

The Good News is that you are not... View More

OK I’m very sorry to hear about your loss. You should discuss your case in a private phone consultation with a lawyer here in Florida. If this involves any kind of potential liability for the death of your wife due to the negligence of a tortfeasor, that should be fully investigated. Cases like... View More

Very sorry for your loss and the passing of your relative, please accept my condolences and sympathy for you and your family at this difficult time. It in most instances is not necessary to travel to Florida to hire an attorney, start a probate or really do anything related to the probate initially... View More

It depends upon what assets the trust has, and which assets the estate has. If you are named as personal representative in her will, and if her estate has assets, you need to see a Florida attorney about having the will admitted to probate. If someone else is trustee of the trust, your attorney... View More

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answered on Jul 29, 2021

There is no law that says you MUST hire an attorney to draw up your will or changes to an existing will, but if you want it done right, that is what you should do. Do-it-yourself wills often have terrible errors with tragic consequences.

You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... View More

You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... View More

Probate Law is very complex. No lawyer can answer your question because there is not enough information.

Foe example, if there is a Last Will, it will usually name a personal representative--who may or may not be a beneficiary of the Last Will. In situations where that is no Last Will... View More

No, you cannot go back upstream and re-write the irrevocable trust that you have already signed.

And unless you start funding the trust as agreed the other side will probably sue you to enforce the trust contract.

However, since you object to the funding part it is possible for... View More

When there is more than one beneficiary to a Will, the personal representative is required by law to be represented by an attorney. The PR needs to retain an attorney asap.

You need to speak with a Florida Probate Attorney in order to provide additional details and specifics of the circumstances. It has now been 5 years, someone should have contacted you long ago if there was a probate and you were named in the Will/Trust/Deeds or on any other accounts and or assets.... View More

The Florida Trust Code can be found here:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0736/0736ContentsIndex.html&StatuteYear=2020&Title=%2D%3E2020%2D%3EChapter%20736

I see nothing in it prohibiting a felon from being a trustee of a Florida trust.