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Florida Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can attorney fees be paid at concluding of probate as part assets

Home we live and homestead so car and home exempt only title name change and account all need do so

MY MOM ASK ME BEXECUTOR FOR HER IM NO LAWYER BUT HAVE EXHAUSTED MY CASH TO PAY FOR CREMATED STILL NEED HAVE SERVICE BUT NEEDTO HANDLE HER PROBATE BCUZ DIDNT HAVE ENOUGH TIME GET DEALT WTH... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Sep 16, 2024

If you or anyone else has gone out of pocket for final expenses such as funeral expenses or attorney fees, and there is no cash in the estate, yes, when the property is listed and there is an upcoming closing, the people who paid final expenses can be reimbursed on the closing statement as a... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: As beneficiary of my moms savings. Her visa debt equals her savings balance and is held by the same credit union.

Does CU have right of offset? Or can I pay for cremation with her funds?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 24, 2024

The credit union may offset and pay her credit card debt with her savings.

1 Answer | Asked in Estate Planning and Communications Law for Florida on
Q: Please help. My sister Pat was Executrix for father's estate. She altered the will trying to get more money.

She took from sister Jo, but I fought it in court and won. Now our brother died, leaving no will. Pat and her corrupt buddy Lynn applied to be Personal Representative, while my sister Jo and I went for it. Unbelievably the judge gave it to Pat & Lynn after they altered my father's will a... View More

Marc J. Soss
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Marc J. Soss
answered on Apr 15, 2024

Is the proceeding in Florida or New Jersey? You may have a legal basis to Appeal the ruling, if it fits within guidelines. Otherwise, you can Petition for removal based upon the presentation of your evidence. Good luck.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I'm struggling to find a suitable executor to name in my Will. I'm worried that the courts will not accept my choice.

I am a Florida resident. I'm drafting my will, no descendants, I'm married and my husband's family are the best qualified, but they don't live in Florida. I have nobody in Florida to choose, or blood relatives anywhere that would take the job. It's my understanding that I... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 10, 2024

You can always name a financial institution like US Trust, B of A, Wells or Chase. I would reach out to them to see if they would consent to such an appointment.

1 Answer | Asked in Estate Planning and Collections for Florida on
Q: Florida residents IRA protection

Are the assets in an IRA owned by a Florida resident protected from liability judgement when the IRA is registered with a Minnesota institution?

Marc J. Soss
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Marc J. Soss
answered on Apr 2, 2024

The location of the institution has no bearing on its protection, what is important is your state of residence. Not many institutions are located or headquartered in Florida.

1 Answer | Asked in Estate Planning for Florida on
Q: Is it illegal for Benefits/insurance company to give out policy information and account balances to non beneficiaries?

Not sure if I need lawyer, step family hasn't left me alone, planning funeral using all funds from life insurance policy, that they are not beneficiaries to.

Marc J. Soss
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Marc J. Soss
answered on Apr 2, 2024

Absolutely yes. If you are the sole beneficiary, the information can only be given to you.

1 Answer | Asked in Estate Planning for Florida on
Q: If I have a Florida durable power of attorney for health care can my patient advocate be in another state?
Marc J. Soss
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Marc J. Soss
answered on Apr 2, 2024

Your advocate may reside in any state or country. There are no restrictions as far as residency or relationship.

1 Answer | Asked in Estate Planning and Elder Law for Florida on
Q: I am researching the options for a Living Trust to protect my brother's $ when he/we inherits money from our parents.

I see the spendthrift clause within a Living Trust to allow me (Trustee) to manage a Trust in my parent's (Grantor's) name. This will restrict and protect my brother's interests from creditors or greedy step-kids.

I also see that they (Grantor's) remain in control until... View More

Jamy Barreau
Jamy Barreau pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2024

I think more information is needed to give a proper response here. How assets are titled is very important in trust planning. If assets are not appropriately titled in the name of the trust, it could lead the trust to not having authority over the particular asset. I would suggest meeting with an... View More

1 Answer | Asked in Estate Planning for Florida on
Q: If I change the deed on my New York property to my Florida address, will I have to pay property taxes in Florida as well
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 7, 2024

You should ask this question in Justia > Ask a Lawyer > New York, insofar as it pertains to what property tax would be due the taxing authorities in New York. Neither the State of Florida nor your Florida county would impose a tax on New York real property.

1 Answer | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can a quick claim deed include assessment to new to owner and move out time in Quick Claim Deed to the stepkids

The moving of the owner is in a living revocable trust that stepkids get condo if owner moves. The quit claim will need the assessment that will be due for a new roof on the condo added to stepkids and a 6-week move out allowed by the owner of property added to get 20yrs of stuff moved to another... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 13, 2024

No. This is not possible in a deed of any kind. This sounds like everyone involved is trying to avoid using lawyers, which means that nobody knows what they are doing. It all seems so simple, but it isn't. I recommend that all person who wants to deed his or her property to someone else, hire... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can a summary administration be re-opened and converted to formal administration?

Two beneficiaries of estate. One beneficiary has paid 100% of all estate and inherited-house-related expenses totaling over $56k. The other beneficiary has paid zero. The summary administration was (1) because there were no non-exempt assets, (2) for speed of completion and (3) because both... View More

James Clifton
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James Clifton
answered on Feb 7, 2024

It is unlikely you can reopen or convert a completed probate. However, you could bring an action to partition the property and seek an accounting and contribution to offset the additional expenses incurred. Schedule a free consultation to determine if a partition is the correct action for your... View More

1 Answer | Asked in Estate Planning for Florida on
Q: My parents have a life estate property and I'm the remainderman. One parent dies. Do I get a 50% step up in basis?

Two people have a life estate,one dies. Does the remainderman get a 50% step up in basis if you sell it before the other life tenant dies?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2024

If you sell your remainder, you might possibly get capital gains treatment including a stepped-up basis, but you should probably ask your income tax professional.

1 Answer | Asked in Estate Planning, Criminal Law and Elder Law for Florida on
Q: I need to request from Alaska executer all info he didn’t execute will he’s stealing from estate and put father in home

Father being abused no monies are gifts given only to his daughter and wife in Alaska I just left Alaska in November

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 22, 2024

You should submit this question to Alaska Elder Law as you will need an opinion from the state where the elder is located .This may also be an Alaska Probate Law question if you have questions about what the estate is proposing as a distribution.

1 Answer | Asked in Estate Planning for Florida on
Q: My sister inherited a home in tallahassee Florida, she has abandoned it. What can I do to take care of this home.
James Clifton
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James Clifton
answered on Jan 10, 2024

Your sister would need to authorize you to enter and care for the home. She would need to sign a deed to you to give you authority to own and possess the home.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In state of Florida can one heir legally remove another heir as beneficiary from property deed as indicated in will?

I an a named heir (beneficiary) in will and listed as beneficiary on inherited property original deed. I have been paying my portion of property taxes every year. Another heir (beneficiary) removed one of the co-administrators (heir also) and replaced with themselves co-administrator without... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 7, 2023

You recourse is to retain a probate attorney to review all the filings and determine your next steps.

1 Answer | Asked in Estate Planning, Personal Injury, Probate and Wrongful Death for Florida on
Q: Do a settlement check for a nonrelated PI case injury of the decedent's death have to pass through the estate to be paid

PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 5, 2023

Yes. The money is the property of the estate.

1 Answer | Asked in Estate Planning, Real Estate Law, Family Law and Probate for Florida on
Q: Can the property of a minor be put into a trust with an appropriate court order?

Last year my daughter's father suddenly passed away. She inherited his home as well as a small mortgage.

Being the mother of the child I have been appointed as her legal guardian. The property has been put in her name and this is causing a ton of problems, for example most insurances... View More

Anita Nguyen
Anita Nguyen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

I'm unsure if you have already consulted with an attorney as of now. If you haven't, it is crucial that you promptly get in touch with a lawyer to receive guidance throughout this complex procedure. Moreover, the lawyer can provide assistance regarding any possible tax consequences. It is... View More

1 Answer | Asked in Estate Planning for Florida on
Q: Can I sell my house to a trust(myself and wife), file a 1099a, the trust(borrower), me+w(trustee) , treasury dep(lender)

I've been seeing things surface recently of people buying houses using a 1099a form and having a trustee hold the assets that are dispatched by the treasury department. Is it possible to sell my house to a trust that we make jointly, file a 1099a and have the treasury department as the lender,... View More

Anita Nguyen
Anita Nguyen pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

In order to comprehend your intention and decide if this strategy is suitatble for you, it is importatn to gather more information. Trust is a powerful tool for protecting assets and deferring taxes. However, this is a complex legal matter that should not be pursued without professional assistance.... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What are my rights for having more time in deceased parent's house?

My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More

James Clifton
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James Clifton
answered on Nov 11, 2023

If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which... View More

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3 Answers | Asked in Bankruptcy, Consumer Law and Estate Planning for Florida on
Q: Will creating a trust for protection of personal assets also protect the beneficiary from a bad credit history?

As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More

Nina Whitehurst
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Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More

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