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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 - Page 2
Do you have any Florida Estate Planning questions page 2 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.
Estate Planning
Florida

Recent Legal Answers

I am an executor of my brothers estate. do i need to update the estate documents?

Answered 5 years and 3 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, I think that you should update the trust and estate planning documents in Florida. I can offer you a free consultation.  Please call me at 305-283-4785 or send me an e-mail to sgarciavidal@garciavidllaw.com. Thanks.
Yes, I think that you should update the trust and estate planning documents in Florida. I can offer you a free consultation.  Please call me at... Read More

It has been 2 years since my GM died and the trustee (her attorney) has still not settled the trust. no debts, tax filed, is this legal?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You may want to request that accounting, if only as a prompt, and, if it is not timely provided, ask the court to replace the trustee. A Florida trust lawyer can advise you on whether Florida trust law or the language of this particular trust requires that final distributions be made by a certain date. ... Read More
You may want to request that accounting, if only as a prompt, and, if it is not timely provided, ask the court to replace the trustee. A Florida... Read More

What happens if I was never notified that I was a beneficiary in a trust?

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Without reviewing the trust document itself, no one can answer this question.  In some states a trustee is required to provide an annual accounting to any beneficiary 25 or older.  But damages must be shown before a beneficiary who was not notified is entitled to any compensation.  "Strong arming" might fall within the category of undue influence but undue influence is extraordinarily difficult to prove.  Without reviewing the trust document itself (which if it was available publicly appears to be a trust created by Will), it appears that you are likely entitled to nothing and would spend a great deal in legal fees trying to get it.... Read More
Without reviewing the trust document itself, no one can answer this question.  In some states a trustee is required to provide an annual... Read More

what is the average cost for Wills and Estate planning

Answered 5 years and 4 months ago by Aaron Paul Cain (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Estate Planning
Dear Ms. Foster, Estate planning attorneys normally charge anywhere from $1,000 to $3,500, depending on what you'd like them to do.  For instance, our office handles advance directives/living wills, guardianships, trusts, various powers of attorney, and conservatorships, just to name a few.   It sounds like your mother needs a simple estate plan, but it would be best if she reaches out to an attorney who will make sure her affairs are in order. Reach out if there is anything else I can do for you. Warm regards, Paul Cain, Esq. a.paul.cain@riseuplegal.com 904-877-1010... Read More
Dear Ms. Foster, Estate planning attorneys normally charge anywhere from $1,000 to $3,500, depending on what you'd like them to do.  For... Read More

Will do I need a Florida attorney to prepare an irrevocable trust? My residence is in Florida.

Answered 5 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
If you could benefit from the irrevocable trust under any circumstances, the assets in the trust will be counted in determining Medicaid eligibility regardless of when the trust is established.  You may wish to discuss Medicaid planning with an elder law attorney near you.  You can find one on the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
If you could benefit from the irrevocable trust under any circumstances, the assets in the trust will be counted in determining Medicaid eligibility... Read More

My mother needs a lawyer to handle my uncle's estate (he is 96). She lives in Mass. and he lives in Florida - does she need a MA or FL lawyer?

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
She needs a Massachusetts lawyer to discuss her own situation and a Florida lawyer to probate your uncle's Will when he has died.
She needs a Massachusetts lawyer to discuss her own situation and a Florida lawyer to probate your uncle's Will when he has died.

I am seeking a good attorney to handle arrangements, in behalf of my mother, who is preparing to enter Hospice.

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You can find an elder law attorney near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)
You can find an elder law attorney near you on the website of the National Academy of Elder Law Attorneys (www.naela.org)

What's the cost to have a estate document done?

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Whether you can open an estate using a small estate affidavit or must file an application with the local probate court turns on state law and the size and nature of your father's estate.  Either is likely to cost more than $600.  If that is all he left (besides some old clothes and shoes), you may prefer to let the check go to unclaimed property with the state comptroller's office and, years from now, try to prove to that office who your father's heirs are.... Read More
Whether you can open an estate using a small estate affidavit or must file an application with the local probate court turns on state law and the... Read More

Can I use a Quit Claim Form to "remove" my two children off my property deed to my house.??

Answered 5 years and 6 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You are correct that having your children as co-owners will limit your ability to get a reverse mortgage -- if they are not both over 62. But a quit claim deed cannot pass title.  Title can be passed by a deed of gift in the form of either a general or a special warranty deed.  (A quit claim deed is more properly used to record that one quits claiming a right to use something, such as an easement.)... Read More
You are correct that having your children as co-owners will limit your ability to get a reverse mortgage -- if they are not both over 62. But a quit... Read More

What should you do when a lawyer is not doing his job, running up the bill, and not giving an explanation.

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Inform the first lawyer that absent a clear and complete written explanation, she will be filing a grievance with the state bar.  Direct that the entire file be sent to the second lawyer.  Make an appointment to discuss the status of the matter with the second lawyer (in person or by Zoom).  Review all pertinent documents before the appointment and make a list of observations and a list of questions.... Read More
Inform the first lawyer that absent a clear and complete written explanation, she will be filing a grievance with the state bar.  Direct that... Read More

My mother left the house to three siblings. My brother has lived there for 12 years. They want to sell but 2 sisters say they will charge rent. LEGAL?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
The Will should have been submitted to a court for probate (proving), the house sold and the net proceeds split three ways.  In some states, it can still be submitted to pass title.  Without title in the name of the three people to whom it was left, it cannot be sold. The three people can enter into a family settlement agreement, submitted to the court, in which the brother can pay his 12 years of overdue rent (or any other amount) in exchange for the sisters' shares (or part thereof).... Read More
The Will should have been submitted to a court for probate (proving), the house sold and the net proceeds split three ways.  In some states, it... Read More

both my parents passed away last year but we received a check from insurance to repair the roof. it is made out For the Estate of how do cash it

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You must open an estate.  In most states there is an abbreviated procedure for a small estate.  Please contact a probate lawyer who practices in the county in which your parents lived and died.
You must open an estate.  In most states there is an abbreviated procedure for a small estate.  Please contact a probate lawyer who... Read More

Estate Planning and revocable trust for senior. How much to set up, how long to finalize ?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
This varies not only with the attorney and the location but also with other factors not mentioned (such as whether you want to plan for your retirement years or just for your death).  For an elder law attorney near you, please see the website of the National Academy of Elder Law Attorneys (www.naela.org).... Read More
This varies not only with the attorney and the location but also with other factors not mentioned (such as whether you want to plan for your... Read More

How to choose health care agents in the event that I am incapacitated.

Answered 5 years and 7 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You have to choose people that you trust.  If you choose agents with shared authority, then each one has to agree and there could be a conflict.  Please contact me at sgarciavidal@garciavidallaw.com if you have more questions. Thanks. 
You have to choose people that you trust.  If you choose agents with shared authority, then each one has to agree and there could be a... Read More

What is the average cost?

Answered 5 years and 7 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You must choose your own executor.  If you know of no person you would name, contact a trust company or a bank with trust powers to ask how much they would charge. Unless you have a large estate, it is probably not worth their while.
You must choose your own executor.  If you know of no person you would name, contact a trust company or a bank with trust powers to ask how much... Read More

Can a quit claim deed be prepared in Florida for a property in maryland

Answered 5 years and 8 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Only if an attorney in Maryland reviews and approves it. 
Only if an attorney in Maryland reviews and approves it. 

Move Estate Planning from MA to FL

Answered 5 years and 8 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
You would have to talk to a Massachusetts attorney regarding the estate tax. There is no estate tax in Florida. I need to know more facts and would like to talk to you.  Please e-mail me at sgarciavidal@garciavidallaw.com and send me your phone number.  Thanks. 
You would have to talk to a Massachusetts attorney regarding the estate tax. There is no estate tax in Florida. I need to know more facts and would... Read More

Seeking a estate attorney licensed in florida and maryland

Answered 5 years and 9 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
I can help you. I am only licensed in Florida. Call me at 205-283-4785.  Thanks. 
I can help you. I am only licensed in Florida. Call me at 205-283-4785.  Thanks. 

Hello;I have a LWT in place by a lawyer in Louisiana. Traveling in RVWill a printable one supersede the one that is registered in Louisiana?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
No.  Nor do you need to have a Will in every state you visit.  Just make sure your executor knows about the one in Louisiana.
No.  Nor do you need to have a Will in every state you visit.  Just make sure your executor knows about the one in Louisiana.

my mom is visiting from maryland and while she is with me ,she wants to set up a living trust, so looking for a attorney licenced in both states

Answered 5 years and 10 months ago by Mr. Stephen Raoul Garcia-Vidal (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
I can help you set up a trust in Florida, but I am not licensed in Maryland.  The trust will be valid in Florida. 
I can help you set up a trust in Florida, but I am not licensed in Maryland.  The trust will be valid in Florida. 

how do i talk to an attorney

Answered 6 years ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
Talk to the bank first.
Talk to the bank first.

In a joint brokerage account between 3 US citizens and a non US citizen,if one US citizen dies,how is the non US citizen treated as far as estate taxe

Answered 6 years and a month ago by James D. Eckert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
It depends on the language of your agreement.  You can contact me with details for a more definitive answer.  Jim Eckert
It depends on the language of your agreement.  You can contact me with details for a more definitive answer.  Jim Eckert

Can someone prepare and file a partition act? and how much would it cost?

Answered 6 years and a month ago by James D. Eckert (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Estate Planning
Yes, I could prepare this for you.  Call me with details and I can quote you a fee.  
Yes, I could prepare this for you.  Call me with details and I can quote you a fee.  

Is my Will, Durable Power of Attorney, Living Will, and Health Care Surrogate Designation necessary to update my daughters names and addresses?

Answered 6 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
From your question it appears that your daughters have taken their husband's surnames and moved.  If this will not interfere with other peoples' ability to identify and contact them, no change need be made.  If, however, their telephone numbers have changed, you will want to reflet this in the Health Care Surrogate Designation.  A health care provider will need to be able to call them, not to write a letter which may or may not be forwarded.... Read More
From your question it appears that your daughters have taken their husband's surnames and moved.  If this will not interfere with other peoples'... Read More

My inheritance from my father

Answered 6 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer   |  Legal Topics: Estate Planning
You are out of luck.
You are out of luck.
Estate Planning
Florida

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