Get free answers to your Estate Planning legal questions from lawyers in your area.
Can the health poa also perform financial matters if someone is incompetent ?
answered on Nov 4, 2020
If you are referring to a health surrogate form the answer is no.
"to the estate of" . The 8x11 paper has the check at the bottom 1/3....and top 2/3 is marked ''not negotiable."
Can you tell me what this means? Can I deposit it into the estate checking account? Thanks so much.
answered on Nov 3, 2020
This is an estate asset and if you have opened probate and have an estate account set up, these funds will go into this account. If this check and sum was not previously known or listed, you likely need to amend the probate documents to include this check and these sums in the probate case. You... View More 
Hello! Not super important, but the HOA (to be clear, NOT our landlords landscapers) came and dug up all of the ground plants against the home we are renting, and trimmed all of the fauna and trees, without our permission. All growing areas were covered with mulch as well. I loved the plants in our... View More
answered on Nov 2, 2020
It's impossible to answer this question without reading the HOA documents, but it is entirely possible they could if they gave the landlord notice to cure a violation and the landlord ignored it. You as a renter do not have very many rights when it comes to the HOA. The HOA documents are a... View More
My father changed his will six months before he died. In the new will myself and my sibling were all but cut out and his church and two individuals in the church cut in for the bulk of my father’s estate.
My father was in his right mind when he changed his will so my sibling and I did... View More
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answered on Oct 26, 2020
I am not a Florida lawyer and so I am not familiar with Florida’s conflicts of interest rules, but this does have a kind of stench to it. One way you can obtain information is to tell your story to the grievance section of the State Bar of Florida at 866-352-0707 and see what they decide to do... View More
I paid an attorney to file my dad’s will and he didn’t. I am now being sued for his debts and I’m not named on the will. I know who the beneficiaries are and they are hiding their copy of the will so that my siblings and I are held responsible even though our dad abandoned us years ago and... View More
answered on Oct 19, 2020
Why are you being sued for your father's debts; did you co-sign with him? And the beneficiaries named in your father's will are not liable either, except to the extent that they received distributions under the will. And, finally, what did you expect to accomplish by having an attorney... View More
I just found out all money was cashed out along with MY life ins without my knowing and now after 20yrs I invested 300k in a home Im being told is sold and I must get out with nothing to show? Im being scammed? My money is all gone and now so is my home!
answered on Oct 14, 2020
If this is related to a divorce you will need to seek out a family law attorney. If this is related to a probate, you will want to get a copy of the property deed as well as the Will/Trust/Probate Documents. You starting point is likely the clerk of the court in the county where this took place... View More
During meetings between the beneficiaries of their father's estate, the executor always has her husband present? The executor is also one of the beneficiaries of the estate. Her husband is not a beneficiary. Can the other two beneficiaries legally request that he not be present at their... View More
answered on Oct 13, 2020
Yes, I suppose any beneficiary can ask another beneficiary or anyone else to not allow any other non-beneficiary in the meetings; however, since there is no law that forces the executor to do it, and since siblings can usually find lots of ways to start unnecessary quarrels between themselves over... View More
The spouse is not my mother and my father did a Will with specific % distributions including me and my brother as his heirs, along with her.
answered on Oct 3, 2020
In Florida, a joint bank account held by a married couple is presumed to be held by tenants by the entireties which would mean that the account would pass directly to the surviving spouse by operation of law outside of probate. The Will typically would not control the disposition of that specific... View More
The deceased had 4 children with a previous spouse and 0 with the surviving spouse. They also bought 2 houses jointly.
answered on Oct 2, 2020
In Florida, a joint account owned by married people is presumed to be held as tenants by entireties, and typically will pass to the surviving spouse outside of probate.
Professionally done by probate Attys includes notarized affidavit two witnesses
All done legally but all done in GA.
Now Live in Florida. Beneficiaries live in GA and AL. ( Two adult children)
answered on Oct 1, 2020
If the will done in Georgia meets the requirements of will in Florida it still can be admitted to probate in Florida. As a precaution you should have the will reviewed by an attorney in Florida familiar with preparing wills since probate laws differ from state to state, to make sure the intentions... View More
Can the mortgage just go to me or will it have to involve his estate. I don’t want it to as I don’t want my brother to be involved with the mortgage.
answered on Sep 25, 2020
It depends, what does the deed exactly say, what does your dad's will say, is the property homestead, is it in Florida the property, is there a surviving spouse? You will want start by getting a copy of the deed and review it and precisely what it says. It is also probably helpful if you dad... View More
My father recently passed away. (August 24th 2020). My sister and i were supposed to inherit his life policy. Now all of a sudden, a different beneficiary on a document recently magically found, determines that we do not inherit that as he intended. When i asked for my fathers attorney information,... View More
answered on Sep 24, 2020
Very sorry for your loss and the passing of your father, please accept my condolences. You will likely need to contact an attorney in the state where this is taking place (his residence, place of probate), if the state is anything like Florida, you should be able to go online yourself possibly and... View More
My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... View More
answered on Sep 23, 2020
Your dad should consult with his own attorney. You should not be involved because any legal advice that you pass along from a lawyer could be construed as you practicing law. If you are not a lawyer, practicing law is a felony. I know you want to help your dad; the best way to help is to review the... View More
In Florida can a personal representative be compensated on the value of real estate if the real estate in question was homesteaded by the Descendant at the time of death? The real estate was sold during probate.
answered on Sep 22, 2020
No, Homestead is not part of the probate estate. I would further state, the probate attorney should be clearly conveying these facts and answering these questions in a timely manner.
I live in Florida, brother here lives in South Carolina. Want to name other sibling in PR to sign off on documents at closing (brother here will buy our parts and he will be putting the house in his name). Does the Power of Attorney need to come from Puerto Rico and does it need to be translated... View More
answered on Sep 20, 2020
The law of Puerto Rico may not be the same as the law in Florida. That's why you should have asked your question in Justia > Ask a Lawyer > Puerto Rico.
it my birthday in 18 days
answered on Sep 11, 2020
Now you are officially an adult, you can vote and you can be drafted but you still cant have a drink until 21, you can enter into contracts, get a job and pay your own bills and go to college or both, there is a lot to think about and upon the horizon, do not rush into anything too quickly.
answered on Sep 8, 2020
3 years seems like a long time, that said, as a probate attorney you often hear that a case is simple, basic, not-complicated, easy, etc., and as we all know and experience with ongoing probate cases it is anything but easy based on later arising facts. Generally, 3 years is a long time for any... View More
My grandmother recently passed away, and her paid at home nurse, who was also power of attorney, produced a will that names said nurse as not only Arbiter of the will, but the sole heir to the entire estate.
answered on Sep 6, 2020
You probably should consult with an attorney; the home nurse might very well have exercised undue influence which could invalidate the will.
If she were to pass without having a will would the FL property still be considered part of the estate or would it be exempt as it has been signed over to me with the quickclaim deed? If it is still part of the estate, is there a way for her to sign the FL property over to me before she passes in... View More
answered on Aug 25, 2020
Generally speaking, property that is not titled in a decedent's name does not go through probate process since it is not part of the decedent's estate. However there are many issues to consider, including tax consequences/reporting, Medicaid lookback periods, challenges of such property... View More
We both have a child from prev marriages. I am 69 and have not worked in 7 yrs on SS.
answered on Aug 21, 2020
No, you have a homestead interest in the home; normally that means that it would become yours upon his death.
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