Get free answers to your Estate Planning legal questions from lawyers in your area.
How can I protect my rights if she passes? Would the trustee status pass to me, since she and I are the only siblings? I'm in Florida, she and my dad's estate are in New Jersey.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2021
The trustee status would pass to the person who is listed as successor trustee in the trust instrument. If no successor trustee is named, then you would have to petition the court to appoint you.
I've heard that there is a $60k Exemption and everything else is subject to a 40% tax
answered on Feb 4, 2021
Chances are that their estate and their heirs would be subject to Puerto Rican estate taxes and / or inheritance taxes, as well as to US federal taxes. But to be sure you should ask this in Justia > Ask a Lawyer > Puerto Rico; what does it have to do with Florida?
answered on Jan 18, 2021
I would encourage you to contact a Florida Probate Attorney as they will be able to help you and help you determine what needs to be done and the type of probate, if any, that needs to be done. An Affidavit of Heirs often needs to be done if there is no Will and an Intestate (without a Will)... View More 
answered on Jan 15, 2021
Yes, if probate is complete then you can pursue a potential partition action (avoid it if you can) but you should try to reach reasonable resolution and agreement first. Probate should determine who owns what and then siblings buy out one another with refinance or other options, if nothing works... View More
It is a trust, my estranged sister is trustee. I have worked at 3 different places. This year. I can't hold job
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 13, 2021
This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need... View More
I tried to work but can't keep job because my bipolar manic depression. I had 3 different jobs n 2020
answered on Jan 13, 2021
You didn't ask a question. You should probably consult a lawyer with the trust to see if there's anything that can be done. We can't read your trust online, and these situations are very fact-based to the point that attempting to answer would be non-productive. Please see a lawyer.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2021
You need to hire a real estate litigation attorney to file a quiet title action against the seller.
My father died with a Will but did not specify what to do with business property. He stopped paying the annual corp fee in 2016. But, continued to pay business taxes until 2020 before he died using that corporation.
answered on Jan 6, 2021
The state registration status--vel non--has nothing to do with your question about how to dispose of (undescribed) "business property." No does it have anything to do with the annual IRS business tax return.
It is not possible for any lawyer to advise you properly without knowing... View More
Can his family keep that money or does it have to be returned?
answered on Jan 4, 2021
I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and... View More
I live in Florida. The beneficiary of my life insurance policy owes back child support for an adult child. The beneficiary's check is already being garnished for the monthly amount. I am just not sure if they would take what is owed in a lump sum from the life insurance proceeds.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2020
It would be uncommon for any creditor of a life insurance beneficiary to garnish life insurance proceeds before they are paid out, though it is theoretically possible. More likely, after the funds are deposited into the beneficiary's bank account, the creditor will garnish the bank account.... View More
She’s now Terminally I’ll in a nursing home. Are we able to sell the home while she is still alive.
answered on Dec 16, 2020
Typically, no; you can only sell what you own which would be the remainder interest following her life estate.
This person owns a house which has no mortgage, but hasn't updated his will for over 20 years. He asked me for recommendations, so I am trying to research his least costly options.
answered on Dec 14, 2020
Please let me know what county your friend resides in, and I can help you locate the appropriate pro bono legal services organization.
My 6 siblings and I was deeded a house in FL. A Sibling died without a will in NC. How do we transfer the deed to the FL house to his heirs?
answered on Dec 11, 2020
Depending on how the property was titled, it may be necessary to open a probate proceeding in Florida to distribute the interest in the home that was owned by the decedent at the time of death. Consult with a Florida probate attorney for more information and to discuss your options.
answered on Dec 9, 2020
Very sorry for your loss and the passing of your mom, please accept my condolences. Generally, Disposition of Property Without Administration may be applicable, you can check online with the clerk of the court and on the forms. Here is the rule for Florida Statute 735.301: No administration shall... View More
My brothers and I received a generic letter and check in the mail stating the estate was closed but we never saw the will or signed anything. What do I do? The checks we received bounced also.
answered on Dec 3, 2020
Sorry for your loss and please accept my condolences. You should start by checking in the county where the estate probate was filed, you can get all the estate documents from the clerk of the court, but you should have received notification from the estate attorney/personal... View More
My mother in law died my boyfriend is trying to make me sign a truck into her name so he can set up a trust on her behalfHe has no liscense and her will hasn't even been submitted and it's been a year is this legal and can the vehicle be registered and driven by him just because the trust... View More
answered on Dec 2, 2020
the whole idea sounds very flakey. First, he can't establish a trust having as beneficiary a dead person; nor can a trust naming her as trustor be established after her death either. And, of course, even if such a trust were to own the vehicle. that would do nothing to allow him to drive it.... View More
get my half if she passes
From her annuity leaving me and my sister Do I have the power as POA to remove individuals requested by my mother She could not sign the papers herself changing beneficiary because of the coronavirus which she died from And because access to her was restricted she gave me power of attorney to take... View More
answered on Nov 15, 2020
If you have not had any luck with the insurance company, your next step is to hire an estate attorney to talk to their legal department. If that does not help, then the insurance company will file most likely file an "interpleader" and turn the proceeds over to the court, to have them... View More
husband name never place on the deed of the house. last time I seen husband was 2008. my mom and I took care of my sister. the house is going into foreclose I need to sale the house to pay her bills. can this be done with out husband. the bank is also trying to locate the husband.
answered on Nov 13, 2020
You need to contact a local real estate and/or probate attorney to help you with this. Some legal actions can proceed by publication when a party is missing and cannot be located.
Good luck!
My father passed away October 29. He was never married to my mother and his name is not on my birth certificate. He did not tell me he was my father until I was in my 20's. We did not have any kind of relationship. He never provided for me in any way while I was growing up (on and off... View More
answered on Nov 9, 2020
The Florida Probate Code states that you would need to have some proof that you were his child. This could be in the form of a written statement by him acknowledging that he is your father or an adjudication of paternity by a court (either in a paternity case or in a child support case). One of... View More
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.
