Yes, there is very specific language for a ladybird deed to be valid in Florida. As with the preparation of any deed, I strongly recommend that you retain an experienced estate planning or real estate attorney to prepare such a deed for you.

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2023

In a ladybird deed (enhanced life estate deed) in Florida, the grantor is typically the person transferring the property and retaining certain rights, such as the right to live on the property for their lifetime. The grantee, on the other hand, is usually someone who receives the property upon the... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

Call a FL attorney, tell them of your assets, liabilities, and family situation. Ask for advice about what to do, and possibly hire them to draft appropriate instruments.

From experience, I can understand your frustration. However, blocking an attorney's communications can cause you to miss important information relating to the development of the case. If the excessive communication reaches the level of harassment or abuse, the judge overseeing the case can... View More

Estate expenses are typically paid before any division of assets occurs. The debts are paid in the following order:

(a) Class 1.—Costs, expenses of administration, and compensation of personal representatives and their attorneys fees and attorneys fees awarded under s. 733.106(3).... View More

The answer probably lies within the terms of the financial power of attorney (POA) itself. If there are two appointed agents under the POA, the POA should state whether financial decisions require the unanimous decision of all appointed agents or whether each of them can act in their own capacity.... View More

You should speak with a Florida Estate Planning Attorney and weigh the pros and cons of each option. You may want to consider an Enhanced Life Estate Deed (Ladybird Deed) or a Trust, as both of these options if done properly will avoid probate. Simply naming you in a Will would require probate and... View More

The Estate itself can ensure the property. You may want the assistance of an experienced probate/trust administration attorney to guide you. Good luck!

You don't indicate why you need such an affidavit; presumably you want to file a petition to admit the will to probate in the Florida courts. To prove that it was executed in conformity with the laws of the other state, you should get an attorney in that state to sign such an affidavit.

Such a change to the title could be regarded as a fraud on creditors and thus set aside.

Is there real estate ? If the house or condo, or an empty lot(s) were transferred to the Trust it would be a Titled document and listed as assets transferred to the Trust. Tangible personal property is Not a "Titled" asset nor bank accounts (which are intangibles).You can check online... View More

Jane Kim Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2023

Yes, as long as it is a valid will in LA where it was prepared and signed.

I suggest that you pose a question in which you briefly summarize everything but the suspicious language. Then quote the 3 sentences verbatim.

I am sorry for your loss, please accept my condolences for you and your family. If you are the named estate Executor (called a Personal Representative) in Florida, once the Court has approved and authorized you there is little that your sibling can say or do. The process moves ahead and tends to... View More

You would need to file a petition to amend the petition your mother filed, or if you wanted to challenge your mother's petition in the entirety, you would want to file a petition to vacate.

If the grandfather was bound by the divorce decree to maintain life insurance for the benefit of the children and he violated the decree, his estate may be liable for the loss suffered by the grandchildren under a breach of contract claim. It also sounds like the change to the life insurance may... View More

Interesting question. In my opinion as a family law attorney, remarriage does not automatically "reconvert" the property title. You might consider executing a Quitclaim Deed - both as grantors and both as grantees to give you both equal rights as "Tenants by the Entireties,"... View More

Three options (other than paying in full): 1. Attempt to settle up, such as by offering X cents on the dollar and/or paying in monthly installments over X number of years; 2. File for bankruptcy if eligible (consult a bankruptcy attorney); 3. Determine if you are judgment-proof and can just let... View More

The attorney maybe using a program asking for that information regarding all beneficiaries however the age of the beneficiary if 25 or under would be useful if the bequest should be held in trust or a bank account to be distributed at 25 or even later up to 35

I don’t think it is... View More

Hi! Thanks for your question. If the other person is also an heir or other interested party, they can sign a joinder, waiver and consent to the petition. This joinder, waiver and consent form also includes language stating that the person waives notice and hearing. If you can find the joinder,... View More