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Florida Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Will I be able to claim an insurance policy for my deceased sister?

My sister passed away last year, as well as my grandmother. She had a life insurance policy through the Gerber Grow Up plan, which ended up being almost $30,000. My dad is the beneficiary, who has been homeless & a drug addict for over 10 years. We can't even get ahold of him to claim... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 24, 2020

If your father is named as the beneficiary, he is entitled to it. However she may be able to obtain a writ of garnishment for the child support and then garnish the insurance proceeds (for $20,000 anyway) in the hands of the insurance company.

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: My husband passed without a will and he owned a property that was not our homestead but we used it for rental income.

I, as the surviving spouse want to sell this property (FL) and need to probate it because I am not on the deed, only my husband. He and I had 2 children together who are minors and he had one adult child from a previous relationship as do I. I was advised that upon the sale I am entitled to 50% of... View More

Christin Coleman Gallardo
Christin Coleman Gallardo
answered on Apr 22, 2020

That's not correct.

You are entitled to 50% of the estate per 732.102.

Per 732.103, The remaining 50% of the estate is shared by your husband's three children equally, so they each are entitled to approximately 16.6%

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Parents have a will and estate I represent. My fathers alive. Is anyone even a brothers attorney entitled to them now

My parents made me the youngest of 3 children their guardian and estate executor of all their assets. This was done to make sure all matters go well, and as they wish when they both pass away, Mom has passed and dad is currently in a memory care at 87 years old. I am now being approached by my... View More

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Apr 16, 2020

You are not required to share those documents with your brother or any other person until you need to go to court to execute their estate plans. I would not share them as they are private documents that your parents entrusted to you until they are needed.

Good luck!

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I have been with the father of my children for 11 years. The house is in his name only. Without a will, if something

Were to happen to him (God forbid), what would happen to the house? Would it go to our children (they're only 6 and 3)?

He recently got in a car accident, and luckily was ok, but just got me thinking about the future! Thanks!

Richard Paul Zaretsky
Richard Paul Zaretsky
answered on Apr 15, 2020

It would be best if he transferred the property to you and himself, as husband and wife. Then upon the demise of the first of you, the other spouse would have full title to the property. Without your name on the deed, you would get a life estate in the property with ownership to your children,... View More

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5 Answers | Asked in Estate Planning and Probate for Florida on
Q: Hello,My mom recently passed away in Florida. She has two IRA accounts, a 401k and life insurance with no will. She

had only two heirs, my sister and I, but I live out of the country and unable to return any time soon because of COVID-19. Her accounts total about $30k not including the life insurance. I am worried my sister will be able to take everything as I am not there. She has also already forcibly taken... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Apr 14, 2020

You should hire a probate attorney to assist you. Normally assets such as life insurance policies, and retirement accounts, such as IRA accounts and 401k allow the owner of the account to name beneficiaries and these assets pass outside of an estate to the named beneficiary. If there is no named... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My spouse died and wanted to know if life insurance policies are taxable. Also, should I take a lump sum for deposit
Nina Whitehurst
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answered on Apr 13, 2020

If the insured was also the owner of the policy, then the proceeds are includable in the decedent's estate for estate tax purposes. The proceeds are not taxable income to the beneficiaries. Whether you should take a lump sum or some other payment method is a question for your financial... View More

1 Answer | Asked in Estate Planning for Florida on
Q: I’d like to look up The Abbott’s Organization and Subsidiary a Pa Business trust

Who are the trustees?

Nina Whitehurst
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answered on Apr 9, 2020

You can do a search here: https://www.corporations.pa.gov/search/corpsearch

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: I want to register my friend and his wife as my co-renters in an one bedroom apartment I live in. Florida

The owner of the apartment is okay. But association says that I cannot sublease the apartment.

Although I told them that they will go through the whole process of background check.

By the rules of the building I am allowed to have up to 3 residents in a one bedroom apartment.... View More

Jeffrey Snyder
Jeffrey Snyder
answered on Apr 8, 2020

I suppose see if your landlord will agree to release you from the original lease and sign a new lease with all of you on it, or see if the current lease can be amended. Regardless, you are asking for trouble with the HOA by doing anything to add them onto the lease. I suggest you take a copy of... View More

2 Answers | Asked in Estate Planning for Florida on
Q: How long after passing does it take to see the will? And is it required to tell a beneficiary immediately?

My landlord passed away 10 days ago now (during the coronavirus ordeal). I have been living in my house for over 7 years and him and his wife have become more than family to us helping each other out every way we can. Immediately the daughter (who is very well off) is requesting rent. Still, I... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 7, 2020

If there is a Will, it must be submitted to the clerk of the court in the county where the person lived within 10 days (this is rarely done or enforced for many reasons but it is the law). A probate will need to be filed, this likely will be delayed with the current status of the world/USA with... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If I've lived in grandparents home for 25 years can my mother with no will take it from me and put me on the street??

My granddaddy said he made a will in 1996 to split it equally between my mother and I my grandma died last month I have lived her 25 years can she take my home and all of my land with no will and just leave me on the street?? My mother got to the family safe before me where my granddaddy said the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 3, 2020

This sad situation will probably require the services of a civil trial lawyer working together with a probate lawyer in order to sort everything out. If the two professionals are as good as they need to be, they will know exactly how to approach this situation in such a way to enforce the wishes of... View More

1 Answer | Asked in Estate Planning for Florida on
Q: Live in Florida. Want to write out a short will leaving everything to my wife. Do I need any witness signature or notary

Stamp/signature. Also w/o a will does everything go to my wife.

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 30, 2020

You need to contact an estate planning attorney and they can help you do your Will and or any related documents you may want and or need (POA of Attorney, Living Will, Florida Healthcare Surrogate and so forth). You must have it signed and witnessed. You can do it in person with friends or even... View More

3 Answers | Asked in Estate Planning for Florida on
Q: In Wisconsin I had a lawyer draw up my will. Now I’m a Florida resident. Do I need a new will?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 25, 2020

Probably not, but you should have a Florida attorney review it to be sure.

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1 Answer | Asked in Estate Planning for Florida on
Q: There was an Irrevocable Trust created as the "ACME IRREVOCABLE TRUST" however, the real properties were transferred

to THE ACME IRREVOCABLE TRUST. Is this considered one and the same Trust? If not, can a document be filed to correct the Trust name to include THE in the ACME IRREVOCABLE TRUST name with consent from the Grantor and Trustee? The Irrevocable Trust has been recorded in the County. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 17, 2020

If I were to do a title opinion, I wouldn't have much of a problem with the "the" in the deed; I'd consider it the same trust. However if someone does have a problem with it the problem can be corrected by a corrective deed by the trustee.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My Mother and Step Father had a Lady Bird Deed with my step brother and myself listed on it so that we could divide the

estate when they both passed between the 6 children. After my mother passed, my step sister changed everything. She had my name taken off the deed. She became her fathers POA and is now over his trust. My Mother left a will that states the items from the home that were hers and I am to receive.... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 10, 2020

This situation cannot be handled online. You must hire a lawyer and pay them to help you get back whatever might belong to you.

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My aunt just passed away recently. In her Will she's left me her condominium, her vehicle, life insurance policy,..

.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list... View More

Mr. Long H. Duong
Mr. Long H. Duong
answered on Mar 6, 2020

Sounds like you’ll need to open probate to have the Will admitted (think “activated”) so you can transfer assets.

You’ll want to consult directly with a probate attorney about your options and path forward.

BTW, the death certificate you received is referred to as the...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: What happens if a will is ignored by a donation center?

My wife and myself are executioner of the estate of a friend who passed away. we had a will that was signed and notarized. A copy was also given to the hospice staff. Our friend stated that his mother and brother were to have no contact with him, or after his death. They have not been a part of his... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 6, 2020

As a practical matter, unless you want to spend a lot of money on an attorney, there is nothing to be done except perhaps make a complaint with the agency which regulates hospices. You should have been more insistent about getting the remains immediately. By the way, you were what many states... View More

2 Answers | Asked in Probate and Estate Planning for Florida on
Q: What are the state laws for removing property from a parents home in a retirement village once they have passed?

Manager will not allow son to remove anything from the house without proof of will. He says it is a state law. Is it? Also does it matter if its owned home/property vs Rental?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 5, 2020

Just for starters and this is a general response regaridng Florida Law on the subject and related to probate and the need to have and or start a probate.

In accordance with Florida Law a landlord is not authorized to allow access to a rental unit for anyone who is (1) not legally named on...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Father died there are 4 children no will and the oldest two are say they dont have any right to anything

The younger of the children have lived on the property with there father there whole life the older brother and sisther are telling him that they dont have any rights to anything please can someone please help me find a way two help the younger brother and sisther find a way to see if they have... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2020

According to the intestacy statutes, which apply if there is no will, the decedent's property goes to his heirs as defined. One class of such heirs would be the children, including all four children in the case you describe. How do the older children figure they get it all? The younger... View More

2 Answers | Asked in Estate Planning for Florida on
Q: i am the executor of my mothers estate. I am trying to file the needed documents on my own but I have a few questions.
Seril L Grossfeld
Seril L Grossfeld
answered on Mar 3, 2020

Well first of all if a formal administration is needed where you would be the personal representative, by law, you must have an attorney to represent you. If a formal administration is not needed you may be able to administer the estate without an attorney. The best solution would be to have a... View More

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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: How can I put my deceased parents house in my name if the executor and other beneficiaries have no interest ?

My parents passed away 11 years ago and left the house to me an my other two siblings. The last time I seen the executor of my parents estate was back in 2011 when the house went into foreclosure. She signed papers to allow me to pay an save my parents home afterwards I tried contacting her in... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Mar 3, 2020

Even if you are not the executor named in your parents' wills, you can still file a petition to open the estate. You should work with a probate attorney to review all the facts and determine what type of estate to open. In the meantime, keep paying the property taxes.

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