Florida Estate Planning Legal Questions

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160 legal questions have been posted about estate planning by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include trusts and estates, powers of attorney, and charitable giving. All topics and other states can be accessed in the dropdowns below.
Florida Estate Planning Questions & Legal Answers
Do you have any Florida Estate Planning questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 160 previously answered Florida Estate Planning questions.

Recent Legal Answers

Because the deed lists the owners as tenants in common rather than joint tenants with right of survivorship, your mother’s 50% interest does not automatically transfer to the surviving coโ€‘owner. At her death, her share must go through Florida probate, and title will pass to the beneficiary named in her will—or, if she had no will, to her heirs under Florida’s intestate succession laws. To move forward with any sale of the property, you’ll need a Florida probate attorney to handle the administration and transfer of her 50% interest. ... Read More
Because the deed lists the owners as tenants in common rather than joint tenants with right of survivorship, your mother’s 50% interest does... Read More

Life insurance claim

Answered 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
It’s unclear what you mean by “file a claim for a beneficiary.” Are you referring to a situation where the beneficiary has already submitted a claim and the insurance carrier is denying it? If the claim appears to be legitimate, the beneficiary should consider contacting an attorney who handles life insurance disputes on a contingency basis—meaning they pay nothing unless the case is won. Attorneys on this platform cannot solicit cases from people that ask questions. However, you can research our backgrounds and reach out to one of us.     ... Read More
It’s unclear what you mean by “file a claim for a beneficiary.” Are you referring to a situation where the beneficiary has already... Read More

Probate

Answered 6 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
Any interested party—including a family member or a boyfriend—may serve as the personal representative of a decedent’s estate. If appointed, he may recover reasonable compensation for his time and duties performed in that role. This includes administrative tasks and expenses directly tied to managing the estate.However, unless the boyfriend qualifies as a statutory survivor under Florida’s Wrongful Death Act, he is not entitled to a share of the wrongful death recovery itself. His compensation is limited to administrative fees and personal representative expenses—unless he also has a valid contractual claim against the estate.To find out what’s happening with the case, look up the case number in the county where it was filed. Identify the attorney of record and speak with them directly.If you’re not represented, consult a qualified attorney for specific legal advice.... Read More
Any interested party—including a family member or a boyfriend—may serve as the personal representative of a decedent’s estate. If... Read More

Do I have to have a lawyer to make a will

Answered 7 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
No you don't need a lawyer to make a Will. However, it's always a good idea to have one because the stakes are too high if you make a mistake. 
No you don't need a lawyer to make a Will. However, it's always a good idea to have one because the stakes are too high if you make a mistake. 
What you have on your hands is commonly termed by estate planners like me asa "blended" family with children from a prior marriage as well as possibly children from a current one.  It will takesome creative but common structuring to ensure everyone is provided for and that the current spouse/executor/trustee has an interest in ensuring that your children from the prior marriage are not disregarded.  The use of various trust structures may likely be beneficial for you to look into.  I recommend using the Find a Lawyer sextion of this website or contact your local county bar association for a referral to an estate planning attorney.... Read More
What you have on your hands is commonly termed by estate planners like me asa "blended" family with children from a prior marriage as well as... Read More
If the deed is held by you and Dad as joint tenants with right of survivorship, then you do not need to open up a probate. 
If the deed is held by you and Dad as joint tenants with right of survivorship, then you do not need to open up a probate. 
Mom may be able to pursue a recovery against the financial advisor and his employer for any losses. 
Mom may be able to pursue a recovery against the financial advisor and his employer for any losses. 

Complicated ownership of home

Answered 2 years and 4 months ago by attorney Stephen Arnold Black   |   1 Answer   |  Legal Topics: Estate Planning
Did your boyfriend and his brother own the home as joint tenants with rights of survivorship or did they own the home as tenants in common? If joint tenants then the brother likely owns the home outright. If tenants in common,  and boyfriend died without a will, then the children may have a claim on half of the home that their dad owned. Consult with a real estate attorney to review the deed for more specific advice. ... Read More
Did your boyfriend and his brother own the home as joint tenants with rights of survivorship or did they own the home as tenants in common? If joint... Read More

Deed

Answered 2 years and 5 months ago by attorney Ms. Dina Arvanitakis   |   1 Answer   |  Legal Topics: Estate Planning
Your brother can add you on the deed either as tenants in common or tenants in common with rights of survivorship. However, if he adds you on the deed now, the property appraiser will increase the property taxes because there will be a new change of ownership because you were added to the deed. Property taxes will be re-assessed. What is your brother's objective to putting you on the deed? If it is to avoid probate, then he can do a lady bird deed and name you as a remainder interest. Ownership of the house will pass to you only if your brother predeceases you. ... Read More
Your brother can add you on the deed either as tenants in common or tenants in common with rights of survivorship. However, if he adds you on the... Read More
A remainder beneficiary to a parcel of real property can not legally evict a person who has a life estate. You should have counsel in Florida review the legal documents for more specific advice.      
A remainder beneficiary to a parcel of real property can not legally evict a person who has a life estate. You should have counsel in Florida review... Read More
The value of the house would be determined at the time of the sale, not at the time of the death. I suggest negotiating with your sister and come to an agreement on the price. Timothy C. Felice, Esq. Felice Trial Attorneys 561-444-8822 InjuryTrialAttorneys.com
The value of the house would be determined at the time of the sale, not at the time of the death. I suggest negotiating with your sister and come to... Read More

Do I need an attorney?

Answered 3 years and 9 months ago by Pamela S. Schatten (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, you need an attorney.  Any assets will have to go through probate because he died intestate (without a Will.). You can call me at (305) 868-7800 to start the process.  I have been working in estate law for 20 years.   Best, Pamela Schatten, Esquire
Yes, you need an attorney.  Any assets will have to go through probate because he died intestate (without a Will.). You can call me at (305)... Read More

Will/Estate

Answered 3 years and 9 months ago by Pamela S. Schatten (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
If your father named you in the Ladybird deed, and step-siblings in other parts of the estate then you will inherit that real estate that you are named in the deed.
If your father named you in the Ladybird deed, and step-siblings in other parts of the estate then you will inherit that real estate that you are... Read More

Testamentary Charitable Remainder Unit Trust

Answered 4 years and 8 months ago by Mr. C. Randolph Coleman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, a named charity who is a beneficiary of the CRT can be the trustee after your death. There are many additional issues that you may want to consider with regard to a charitable remainder trust. I suggest that you consider consulting with an estate planning attorney who is experienced with charitable remainder trusts to determine whether any of those additional issues that might be applicable to your circumstances. For instance, if you have highly appreciated assets, contributing those assets to a CRT during your lifetime can result in the trust having the ability to sell the highly appreciated assets without incurring capital gaines taxes on the gain, which leaves all of the asset value available to increase the amount of income you can receive from the CRT during your lifetime (and your spouse's lifetime if appropraite) compared to just selling the assets outright. In addition, you receive a charitable contribution deduction for the lifetime transfer to the CRT. You can be the trustee of the CRT during your lifetime so that you can manage the investments in the CRT. Then at the passing of you and your spouse, you can provide for a second level of income beneficiaries (up to 20 years), before the assets are turned over to the charities named in the trust. That is just one example of the benefits of a CRT. Good luck with your planning.... Read More
Yes, a named charity who is a beneficiary of the CRT can be the trustee after your death. There are many additional issues that you may want to... Read More

my mother passed, she left behind her house, and its three of us, but no will, what can i do in a situation like this before my baby brother trys some

Answered 4 years and 9 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You should open a probate to distribute the estate assets. After you open your probate, you can make sure that the home is distributed correctly. You should consult a probate attorney at sgarciavidal@garciavidallaw.com.   Thank you. 
You should open a probate to distribute the estate assets. After you open your probate, you can make sure that the home is distributed correctly. You... Read More
Your sister can sue, because anybody can sue anybody for anything, but unless there is some relevant fact that you've omited, I don't see that she has any kind of a case.  Assuming that  your mother is competent and not being unduly influenced by yourand/or  your husband, she can do what she wants with her money, including using it to put an addition on your house.  Neither the money she  spent, nor the addition to your home, are her possessions. Executing a will means having it signed, witnessed, etc.  I think you mean that you would like to abide by its terms when your mother passes, and I see no reason why you can't (although you may have to probate the will, particularly if your sister disputes any of the division of property.... Read More
Your sister can sue, because anybody can sue anybody for anything, but unless there is some relevant fact that you've omited, I don't see that she... Read More

Married widowed assets will

Answered 4 years and 10 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
The title to the property will govern over a will. The estate will be distributed according to the father's will and his assets only.  The father's wife's will govern only over assets that were in her name.  I need more facts to giva an opinion, so you can contact me at 305-283-4785. Thanks. ... Read More
The title to the property will govern over a will. The estate will be distributed according to the father's will and his assets only.  The... Read More

Grandmother managing my life insurance money.

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If she is the trustee, managing the money until you are 22, she has a duty to put your interest first:  to save or very conservatively invest the money and not spend it.  Whether knowing this will calm your fears is another question.
If she is the trustee, managing the money until you are 22, she has a duty to put your interest first:  to save or very conservatively invest... Read More

what does it mean in a trust " to be responsible for maintenance"

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
There is a difference between maintenance and repair.  You and the remainder beneficiary may look at the damage to the roof differently.  If you absolutely do not have funds, it may well be in the interest of the remainder beneficiary to take out a home equity loan to pay for a new roof (assuming that it is not covered by insurance).... Read More
There is a difference between maintenance and repair.  You and the remainder beneficiary may look at the damage to the roof differently. ... Read More

What if there is no will and no trust and you pass away?

Answered 4 years and 11 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The estate must still be settled, whether through an Affidavit of Heirship, a Small Estate Affidavit or a formal administration.  Talk with a local probate attorney to determine which works best in this situation.
The estate must still be settled, whether through an Affidavit of Heirship, a Small Estate Affidavit or a formal administration.  Talk with a... Read More
Only your mother can change her Will.  When she dies and the Will is submitted to probate (proving that it is the Will of the person who died), your brother may decline to serve.
Only your mother can change her Will.  When she dies and the Will is submitted to probate (proving that it is the Will of the person who died),... Read More
Is it maintenance or repair?
Is it maintenance or repair?
While many lawyers are meeting clients by Zoom during the pandemic, there is no typical price because there is no typical situation.  You will want to dictate burial terms outside your Will because a Will has no legal effect until a court admits it to probate, probably at least a month after you die.  There are many kinds of trusts.  All but contingent trusts (eg contingent on a beneficiary being a minor) are documented separately from the Will.... Read More
While many lawyers are meeting clients by Zoom during the pandemic, there is no typical price because there is no typical situation.  You will... Read More
They have nothing to do with it.  If your father left a Will, take it to a local probate attorney.  If he did not, ask a local probate attorney to help you distribute his estate to his heirs.
They have nothing to do with it.  If your father left a Will, take it to a local probate attorney.  If he did not, ask a local probate... Read More

can a will and trust made up i Florida be probated in NY

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Most states will admit a Will written in another state to probate if the Will was valid in the other state when it was signed. Administration of a trust is governed by the law of the state where it is administered.  Other concerns (investment, distribution, etc.) are governed by the law stated in the document.  If you create a Floirda trust and later return to New York, only the law governing administration will change.  The Florida law provisions governing the trust itself will still be enforceable.... Read More
Most states will admit a Will written in another state to probate if the Will was valid in the other state when it was signed. Administration of a... Read More