Get free answers to your Estate Planning legal questions from lawyers in your area.
My mom and my aunt on a property together that is zoned as a duplex on the same lot. They wrote up an enhanced life estate deed with a lawyer stating that I would get 50% and my cousin will get 50%. My question is upon their death me and my cousin or the remainders, but does that mean that in the... View More 
answered on May 6, 2023
Thanks for your question! An attorney would need to take a look at the deed to confirm my answer, but based on the facts that you have provided, you and your cousin would be remainder beneficiaries as tenants in common (not with survivorship between the two of you). This means that you would each... View More
My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?
answered on May 4, 2023
If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney... View More
I am a co-successor trustee with one of my siblings, for my parents trust. They both have passed. We are going to sell their house, which is in the trust. Do we two, as the successor trustees, have the sole discretion on how the house proceeds get deposited and/or distributed? Or, does a third... View More
answered on May 2, 2023
In general, the trustees, not the beneficiaries, decide how to administer the trust, including the making pf decisions such as where the trust funds are deposited.
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... View More
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... View More
I paid several hundred dollars and do not want to pay more money if the will is still valid. Thank you.
answered on Apr 24, 2023
Yes, the will is still valid regardless of what county in Florida you live in.
The drafts are AB Living Trust. Nothing is titled in the trust name, however a large investment account and a million dollar home are titled in an LLC in which he and Mom are the only members. They have not conducted any true business from that LLC. The drafts say that all joint and separately... View More
answered on Apr 24, 2023
His share in the LLC would be part of his estate. It isn't clear if the will leaves everything to an apparently non-existent trust, but if so, the will would probably fail, and his estate would be intestate.
No, she can't just put the assets in her name; his share of the LLC... View More
As a trustee of an irrevocable trust, the CPA is paid to prepare an annual accounting with the cover letter from the trustee. If the trustee provided a sample ( from the trust attorney to the CPA) of how it is required to be prepared and written....and the CPA omitted the 6 month limited language... View More
answered on Apr 21, 2023
The accountant should send out a new letter correcting the earlier one.
answered on Apr 18, 2023
Generally yes, but if you have moved to and now reside in Florida, you should go speak with a Florida Estate Planning/Probate Attorney because there are a lot of Florida Estate Planning issues that you will want to specifically look at, update and address with respect to Homestead, rights of a... View More
The loan is only in her name. My name is listed jointly with her on the title/registration. We had a verbal agreement upon her getting this loan that it would used to transport her to and from her doctors appointments and be shared with my handicapped son as well. In return, I would make all of the... View More
answered on Apr 14, 2023
If you own title jointly, her one-half interest in the van passes to her heirs through either a will or intestacy. Her obligation to pay the loan passes to her heirs as she is obligated on the loan. If her personal representative can prove an agreement between you and your mother that obligates you... View More
Or will he be able to put in a irrevocable trust in his name only we not married ??
answered on Apr 12, 2023
You each own a one-half interest in the whole property. He will need your consent to sell the property. If he wants to sell it and you do not, he can force the sale through a partition action in court. He and you will need an attorney for that. He can only put his one-half interest in the trust... View More
Or can one owner put house in irrevocable trust ?? With out consent ?? How does that work ?? Is it possible??
answered on Apr 12, 2023
You would want and need to have the property deed reviewed to see precisely how the property is held, based on this, will determine what can be done with the property and how it will be handled and held. Generally, if it is a Tenants in Common, that means they own 50% and they can potentially do as... View More
My mother lived next door to the property that I own when she died. Since her passing, I have been making the mortgage payments on her property. The property is in Bronson, FL. I have 1 brother in Daytona and 1 in Tennessee who both claim they would like for me to have the property. When Mom filled... View More
answered on Apr 13, 2023
Once the real estate together with the mobile home goes through the probate process and the judge has issued a homestead order giving the land and the mobile home to the heirs according to their shares in the will, your siblings can sign an quitclaim deed to give their shares to you. This would all... View More
answered on Apr 11, 2023
Short answer is yes. Retirement accounts that pass to a designated beneficiary are not part of the probate estate and are not subject to creditor claims. If there is no designated beneficiary and the retirement account passes through the estate to the heirs, then it is, unfortunately, subject to... View More
answered on Apr 9, 2023
Puerto Rico is a territory of the United States. She might want to consult with an attorney licensed in Puerto Rico, but yes.
answered on Apr 6, 2023
You should request a copy of any Will and or Trust and you should speak with a probate attorney before signing and waiving anything. If you have concerns (you mention challenge a Will), you should not be signing anything without counsel of your own probate attorney. The estate attorney works for... View More
and then on line 2, the name of her mother's deceased husband as "TTEE" and then my sister's mailing address below that. Can she deposit this check?
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answered on Mar 22, 2023
Any check can be deposited. You just need an account in the name of the trust. If you do not have such an account, then you will need to open one. In order to open one you will need a taxpayer ID number for the trust. You are probably also going to need an updated certification of trust. My best... View More
What exactly does that mean? Does the son really inherit anything?
answered on Mar 21, 2023
While a review of the estate planning documents/will is needed and necessary, it generally is telling you this; if the spouse dies first then the son can take that designated portion, it is an alternative backup option in the event the spouse dies first. The son only inherits if the spouse is... View More
To me. The other grandchildren are trying to protest the Will, saying they deserve something too. Can they? Am I considered my grandparents child since they had custody/guardianship over me thru the courts?
answered on Mar 17, 2023
If there is a legal and valid Will that rules the day, whatever they left you in a legal Will is indeed yours, they can try to fight it and make claims, but it is likely a long losing shot on their part unless there was some sort of undue influence or such that can be proven related to the drafting... View More
I know the deceased relative and my sister and I are his only living heirs. This firm wants to handle his estate and has already sent me a document to sign allowing them permission to do so with all work done on a contingency basis. This firm has a good reputation online. Should I sign it or... View More
answered on Mar 17, 2023
You should take it to a trusted attorney from the state where this is located. These companies that do it on contingency usually want a hefty percentage and or get you to sign over all sorts of rights and sums. It also depends on what they are promising, if it is unclaimed monies turned over to the... View More
answered on Mar 16, 2023
I am sorry for your loss on the passing of your father-in-law, please accept my sympathy and condolences. Generally, any assets in the name of the deceased will need some version of probate usually, you will need to speak with a Florida Probate Attorney if this is in Florida. With vehicles you will... View More
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