Get free answers to your Estate Planning legal questions from lawyers in your area.
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 
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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
In the next couple of months, I expect to receive 3-4 checks of varying amounts between $2k and 4$, all totaling around $12k. Some are IRS refunds, some are prorated insurance premium refunds and some are sold stock shares. I have a will naming me as the executor, the death certificate and will... View More
answered on Oct 27, 2023
This is always a problem with banking institutions and similar institutions, and this is a lesson learned via trial and error by the attorney handling the probate and filing the summary administration. The Attorney will likely have to write a separate letter on letterhead explaining the Summary... View More
We received a notice that my mom’s will could not be approved because, “A witness to the will has the same last name as the notary. If the relationship is one enumerated in Fla. Stat. 117.107 (11), the will is not self -proving. Fla. Stat. §§732.502, 733.201(1), 732.503; Fla. Prob. R. 5.210,... View More
answered on Oct 25, 2023
It appears that your mother's will is valid but it is not self-proving. The issue is not that the witness was or was not related to your mother. The issue is that the witness was related to the notary. The Florida Notary statute clearly states that a notary cannot notarize the signature of a... View More
To be clear, I inherited the house years before I met my wife. The house is in my name only. I've now been married to her for 6 years. Do I need to do any kind of transfer, or legal procedure before I pass away?
answered on Oct 25, 2023
You will want to speak with a Florida Estate Planning Attorney and they can help you organize your estate and this home based on your intentions with your spouse, whether you were previously married and had children, whether you kept property separate, whether this is your Homestead, whether you... View More
I was named as the PR for my deceased mother in her will. The other beneficiary hired a lawyer and that lawyer petitioned to be named the PR instead of me. I was forced to object, had a hearing and the result was a conversion to summary administration. I was under the impression that no... View More
answered on Oct 25, 2023
No, they should and would not unless the probate has been converted to a Formal Probate, otherwise it is a Summary Administration and the person is deemed the Petitioner (with less authority and less power). The paperwork and or the order from the judge should be quite clear on this and if not, you... View More
My father and his siblings each inherited 1/6 of the land from their dad. It was never divided because they could not agree. My father passed and now it goes to his three children. Can I file a summary of administration and change his 1/6 of his land to his 3 children. He has been deceased over 2... View More
answered on Oct 24, 2023
This is going to get complicated quickly. You can file for summary administration as an heir of your grandfather. Each of the 5 remaining siblings will need to consent to the administration or be served with the court paperwork. If any of the siblings have died, their heirs will need to consent or... View More
I would like to add some one to my deed, please tell me which form should I use. We would like to establish joint tenancy with the right os survivorship. I do not want to ransfer the property to their name only have two people on my deed. Thank so much for your help.
answered on Oct 21, 2023
I would encourage you to speak with a real estate and or estate planning attorney in the state where the property is located. based on what you are precisely trying to accomplish and why will make a big difference with respect to what you may want to consider doing. For example, is this property... View More
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answered on Oct 17, 2023
Check the date of the will. The will must be dated and signed by the testator (the person who made the will) and two witnesses. If the will is undated, it is not valid.
Look for any changes to the will. If the will has been changed, the changes must be initialed and dated by the testator... View More
She gets about 1,800 a month in SS and 241 in a death benefit from her husband since all her funds go to the home what about the condo
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answered on Oct 4, 2023
No question asked.. But you need to consult with a FL attorney now about Medicaid, SS, fiduciary obligations, and real property title, before you get your principal in alot of trouble.
I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More
answered on Sep 28, 2023
It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More
I am the person named in my mother's will as her personal representative. I have spent the last several months sorting through her affairs, making repairs to her house, distributing inheritances and insurance policy claims, paying for and arranging the burial, dropping off the will at the... View More
answered on Sep 27, 2023
You need to retain an attorney and file a counter petition for administration and your oath, or the judge is most likely going to appoint the person who has petitioned.
answered on Sep 11, 2023
I’m very sorry to hear of the passing of the father of your children. In a nutshell, in the State of Florida any settlement for a minor when the case is in litigation must have court approval and usually all funds over $15,001 are put into a protected account for the child. Even if the case is... View More
answered on Aug 23, 2023
You likely need to check with the clerk of the court in the county where the probate took place and or you will need to work with a Florida Probate Attorney in order to draft these and or any other documents that may need to be filed related to probate matters.
My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More
answered on Aug 21, 2023
It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.
I was the full-time sole caregiver for my parent in hospice for almost 2 years. During that time, they said they wanted to move money from POD accounts (with 2 equal beneficiaries) into a joint account I shared with the parent. They said it wasn't fair that I was single-handedly saving... View More
answered on Aug 17, 2023
The burden of proof falls on the accusing party but they only have to prove that by a margin greater than 50%, in other words, that it was more likely than not that the funds were wrongfully taken. If there are no witnesses and no written communications memorializing your parent's desire to... View More
I live in an area that is majority elderly. Elder abuse has become a huge problem and I know several people that have a hard time managing their money. I would like to offer POA services for things like managing bank accounts, paying bills, etc. Am I able to do that without being a lawyer? Am I... View More
answered on Aug 17, 2023
A person who has been given a power of attorney by another person is called an "attorney in fact". You don't have to be licensed to practice law, to be an attorney in fact, but be sure you don't engage in the practice of law or perform public accounting, because you have to be... View More
My late brother resided in Florida and had his will prepared there (Orlando), and also he has a property in Puerto Rico. His widow had submitted thru her lawyer all the required documents to the property registrar's office, but they kept rejecting it, alleging that the will must be submitted... View More
answered on Aug 16, 2023
What the property registrar's office told you is correct. A probate petition must first be filed in the state of the testator's residence, in this case Florida.
Out going to Puerto Rico? Our mother still luves in the house.
Thank you
answered on Aug 12, 2023
It's very likely that there would be no need for them to go to Puerto Rico (where I assume the house is located, and assuming they have title). Contact a lawyer licensed to practice law in Puerto Rico to prepare a deed and to arrange the transaction without the necessity of travel.
Parent died several months ago. One of two beneficiaries live overseas, the other (named executor in will which was filed with the court) is working on getting house and contents of house disposed of and ready for sale. Beneficiary had taken care of all requirements and has been keeping overseas... View More
answered on Aug 11, 2023
You would need to hire an attorney and file a counter petition within the answer period. Then the Court will set a hearing.
Home or attach a paper to will with new home address?
answered on Aug 10, 2023
If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More
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