Florida Estate Planning Legal Questions

If your original trust was prepared in accordance with Michigan law there is the possibility that differences between MI and FL trust laws could cause a FL attorney to decline to amend or administer a MI trust although there is a general legal principle called comity which requires the 59 states to honor contracts written in other states.  The FL attorney is lkely being cautious in declining to work on an out-of-state trust.  I have had occasion to amend trusts and wills originaly adopted in states in which i am not licensed because in many cases there is the risk that provisions of those other states' laws may not be the same as the lasws of the states in which I am licensed and are thus more familiar with.  I cannot risk giving a client a false sense of security by letting them assume my review or revisions comport with what the professional in the original state did.  Bottom line:  if you are now Florida residents draft new trusts or your intended results may not be realized after you're gone.... Read Answer

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 co‑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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer

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 Answer