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I live in florida.since my poa can act immediately even if i'm well, i'd like to create one while i'm well with limited powers and a second one (which I will hold onto until i'm incapacitated) which will give more powers at that time. also, I would like to know if I can be very... View More 
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answered on Mar 1, 2020
All of these things are possible and, yes, your specific provisions can overrule the statute if it is properly drafted.
Next ok kin is not imterested and would like my father to take over the house. He already lives there. He was room mates with the person that has passed away.
answered on Feb 26, 2020
There still needs to be a probate proceeding initiated. The next of kin can always sell or assign their interest to another person.
How do I locate the person in charge of dispersing or handling the requests of the will.
I cannot get an answer from anyone, as my mother is trying to somehow steal or take the money as her own. I'm 25 not a minor. Nobody is providing me with who to talk to. Also, what would I need... View More
answered on Feb 20, 2020
If your uncle was domiciled in Puerto Rico, you might want to ask this question in Justia Ask a Lawyer > Puerto Rico. Either that, or talk to an attorney in Puerto Rico.
My dad passed away and we have started the probate process. The only "asset" my dad had was a mortgage made out to my brother. My brother never made a single payment. Now he says he has an affidavit signed by my dad a year before he died statting that my brother paid the mortgage and... View More
answered on Feb 13, 2020
It would depend if the affidavit is the equivalent of a satisfaction of mortgage.
Buy a house. Lended the money as a form of a mortgage. My dad was the mortgagee and my brother the mortgagor. The mortgage was recorded and it was prepared by an attorney. Unfortunately my brother never made a single payment to my dad. My dad passed away last year. We have started the probate... View More
answered on Feb 13, 2020
First, there is a 5-year statute of limitations which may be a problem. And the affidavit, if genuine, may also bar recovery by your father's estate.
You indicate that you "have started the probate process". Do you mean you have filed a probate case? Because generally... View More
The house is located in Broward county FL. I don't know where the last will and testament is or in whos possession. My uncle tried to transfer the house to his name stating that he was left as the executor of the last will and testament, but he filed a petition in court stating she the... View More
answered on Feb 12, 2020
If the owner has passed away you will need to open a probate proceeding in Broward County and have the Judge determine who is the owner of the house. The person who is appointed personal representative under the will should hire a probate attorney to assist them to do this. The attorney will also... View More
She hid it from him for 2 years, we think she spent most of the money (her and her husband buy huge houses, expensive trips) and I am now pregnant with his child and she’s now refusing to give him any money. She would give my boyfriend a couple thousand to help when he was struggling with rent.... View More
answered on Feb 11, 2020
A trustee has a fiduciary obligation to protect the assets of a trust for their intended purpose. Normally the remainder beneficiaries, by statute should have copy of the trust and be provided with an annual accounting. If this has been done you should seek an attorney in your area that does... View More
answered on Feb 7, 2020
If the property is in your name alone, then it will go through probate, so yes, you need to draft a ladybird deed (enhanced life estate deed) or undertake other estate planning like a Trust.
The trustee fears that he could be personally held liable if someone is injured in the benificiary trust held home if the beneficiary decides to supplement income through air bnb.
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answered on Feb 5, 2020
The trust can purchase liability insurance for that.
Dad had no will, but deeded property to step daughter. Is estate liable for mortgage and home improvement loan for property not in the estate?
answered on Feb 5, 2020
When the step daughter "accepted" the deed she accepted responsibility to pay the mortgages associated with the property. In the meantime if no one pays the mortgages eventually there will be a mortgage foreclosure, so if the step daughter is not paying the mortgages the property should... View More
answered on Jan 28, 2020
Are you asking whether one has to be a licensed attorney in order to draft such a document? No, I don't believe so unless the person is paid to do so, in which case it may constitute the unauthorized practice of law.
I'm not sure what you mean by a "cross board... View More
The property was my grandmothers and she left a beneficiary trust to my uncle and my mother.
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answered on Jan 24, 2020
No, not at all. When the ward dies, his or her estate is distributed according to the terms of the decedent's will or trust or both, depending on what kind of estate planning he or she had done. If in this case your ward placed his or her assets in a trust previously, and the trust provides... View More
My sibling feels because he’s the oldest it’s what he says
answered on Jan 23, 2020
What does this have to do with Florida? Is the property in Florida? If so, someone would have to be appointed by a Florida court as personal representative. If the "declaration of heirs" constitutes a will according to Florida law (without regard to where it was executed), and the... View More
do they still get a share
answered on Jan 18, 2020
The property would need to go through probate, anything you paid related to the property would be credited to your share, you would be entitled to your share plus all you paid into the property, so if you have records and receipts of all that you paid then your share would be increased by that sum... View More
My brother refuses to
Come and get his 50% of the belongings out of the house. It has been 5 months. I am taking the house bills out of my mother's trust checking account until he allows me to remove the belongings from the house. Is this OK for me to do?
answered on Jan 15, 2020
I assume you and your brother are co-trustees. If you don't understand whether the trust allows you to pay the "house bills", you had better consult with an attorney; because it would depend upon the terms of the trust.
Should we move his money to another Acct and do we have to give stocks information.
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answered on Jan 13, 2020
It sounds like the ALF wants the financial information either to confirm that he is able to pay privately or to determine whether he will be eligible for Medicaid. Either way, you should schedule a consultation with an elder law attorney in your area to discuss Medicaid planning. The folks at the... View More
My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... View More
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answered on Jan 7, 2020
Medicaid pre-planning is a legitimate technique for protecting assets for the next generation. However, whether your brother can actually do this on behalf of your grandfather depends on the terms of the power of attorney (POA). Some POAs authorize this, and some do not. So that is the first... View More
My Father passed away in Florida. Most of the items were placed in a trust in which I am a trustee of. One of the items that we found in the Trust name was a 35% share in an active Florida LLC. We have no idea what this asset is worth. We have tried to contact the registered agent and the... View More
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answered on Jan 4, 2020
Attorneys are not qualified to give opinions of value but an attorney might be able to help you pursue a claim for your mother’s interest in the LLC. You might need to hire an attorney to sue the LLC for an accounting and to subpoena records that might help a business appraiser determine value.... View More
The will specifies one heir and same person to be personal representative (executor). Assets include a condo, bank accts and investment accts.
When can estate bank accts be created from the deceased's money to pay bills like utility bills, property taxes, condo fees etc?
When... View More
answered on Jan 2, 2020
I'm sorry for your loss. Each county varies how long it takes the court to review the initial pleadings and appoint a personal representative. With the personal representative and the beneficiary being one and the same person, there will not be anyone else to give notice to, so once you have... View More
I was told by care facility Mother was declared incompetent and could not make decisions. I received a copy of her will January last year, but not copy of Trust instrument. Contents of Mother's house was disbursed, and to date, older sibling has not provided any accounting of bank statements,... View More
answered on Jan 2, 2020
POA died with your mother. Nothing should have been distributed if no estate has been opened. You can check website of your court clerk to see whether an estate has been opened by your sibling. If an estate has been opened your attorney should have received all the documentation you have been... View More
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