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Florida Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My 6 siblings and I was deeded a house in FL. A Sibling died without a will in NC. How do we trnsfr the deed to his heir

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?

Evelyn Suero
Evelyn Suero 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.

1 Answer | Asked in Estate Planning for Florida on
Q: My mother passed with one asset in the amount of $7772.13. Do I file for Sumary Judgment or Disposition of Property?
Phillip William Gunthert
Phillip William Gunthert 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... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Help!! I think my family has stolen my inheritance!!!

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.

Phillip William Gunthert
Phillip William Gunthert 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... Read more »

1 Answer | Asked in Estate Planning for Florida on
Q: Is it legal to sign a vehicle over to a dead persons trust

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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.... Read more »

1 Answer | Asked in Consumer Law and Estate Planning for Florida on
Q: My mother had 5 beneficiaries on her annuity she made me power of attorney specifically to remove 3 of those beneficiari

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... Read more »

Steven J. Fromm
Steven J. Fromm 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... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: my sister died without a she will was married never divorced she purchased a house before marriage. I need to sale house

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.

Rand Scott Lieber
Rand Scott Lieber 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!

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: i am interested in learning if I have a right to make a claim to my fathers estate.

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... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson 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... Read more »

2 Answers | Asked in Banking and Estate Planning for Florida on
Q: An individual becomes incompetent can the executor of the estate perform financial matters?

Can the health poa also perform financial matters if someone is incompetent ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 4, 2020

If you are referring to a health surrogate form the answer is no.

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1 Answer | Asked in Estate Planning for Florida on
Q: Estate has received a check via snailmail from a life insurance company. It's made out to the deceased...without

"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.

Phillip William Gunthert
Phillip William Gunthert 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... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can the HOA in Florida landscape your (rented) lawn without your approval?

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... Read more »

Barbara Billiot Stage
Barbara Billiot Stage 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... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: What is conflict of interest when it comes to wills and lawyers?

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: What should I do?

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard 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... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I think Im being scammed and so is my elderly 77yr mom. Dad died 6yrs ago my mom and I had 50-60k and a 300k house gone

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!

Phillip William Gunthert
Phillip William Gunthert 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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: During meetings between the beneficiaries of their father's estate, the executor always has her husband present?

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... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick 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... Read more »

2 Answers | Asked in Banking, Estate Planning and Probate for Florida on
Q: As a son can I inherit part of the money located in my deceased father joint bank accounts with his surviving wife?

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.

Evelyn Suero
Evelyn Suero 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... Read more »

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3 Answers | Asked in Banking, Estate Planning, Real Estate Law and Probate for Florida on
Q: All the money in savings and checking bank accounts go to the surviving spouse if they were joint accounts? No will

The deceased had 4 children with a previous spouse and 0 with the surviving spouse. They also bought 2 houses jointly.

Evelyn Suero
Evelyn Suero 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.

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1 Answer | Asked in Estate Planning for Florida on
Q: I have a will done in Georgia I now live in Florida do I need will now?

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)

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 1, 2020

No, the Georgia will probably will work in Georgia. But to be sure you might want to confer with a Florida attorney; there might be some aspects of the will that might not be enforceable in Florida.

2 Answers | Asked in Estate Planning for Florida on
Q: I have a will done in Georgia I now live in Florida do I need will now?

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)

Seril L Grossfeld
Seril L Grossfeld 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... Read more »

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1 Answer | Asked in Estate Planning for Florida on
Q: If my dad and I are both on a mortgage what happens if he passes away?

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.

Phillip William Gunthert
Phillip William Gunthert 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... Read more »

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