Florida Estate Planning Legal Questions

Maybe.  While most states respect a Will drafted in another state if it was properly drafted and executed under the laws of that state, Florida law may have benefits for you which were not available under the law of Rhode Island.  For example, you may be able to pass title to your home free of probate and free of Medicaid Estate Recovery in Florida.... Read More

You do not note whether the person died with or without a Will.  Most lenders will allow the executor of a Will or the administrator of an estate in which there is no Will to pay off the debt and take possession of the vehicle.  However, some states have an order in which debts must be paid.  Check with a local probate attorney, preferrably the one helping you settle the estate.... Read More

Please contact a Florida probate attorney in the county in which your aunt held property and died.  It does not appear that you have any right to the property.  Do not spend money on the mortgage:  even if her son disclaims his inheritance, it will pass to his children, not to you.  You will have to file a claim against the estate and prove that this was a loan to the estate, not a gift.  Under most states' inheritance laws, nieces and nephews can only inherit if there are no children (or children of children who disclaim), parents, aunts or uncles.... Read More

A quitclaim deed cannot transfer title.  The only thing it can do is note that the signer quits making a claim to ownership.  That is why it is best used with disputed easements and rights of way. The owner of a life estate (your mother, since a quitclaim deed cannot transfer title) cannot do anything which would damage the rights of the remaindermen.  (Note that the situation is different if this is not a simple life estate but a general warranty deed reserving extended life estate a/k/a Lady Bird Deed.  Your mother could revoke that at any time before her death.) On your mother's death (which terminates the life estate), your brother could file a claim against her estate for "loans" for improvements -- but would have to show tbey were not gifts.   Show the actual documents to a local real estate lawyer so that she can advise you based on the facts.    ... Read More

Hello.  Thank you for reaching out with this question.  It sounds to me as if your friend has a "life estate" in a home and her grandsons are the remaindermen.  Possibly, from your question, she could be the remainder with her grandsons as the life estate tenant-- as you say it is in the grandson's name.  But that would defeat the purpose of a life estate interest, so I will assume it is the first possiblity.  As the owner of a Life Estate, if the property is in Florida, she may have a homestead interest in the property- providing more than just a break on her annual taxes, but providing her with certain rights against creditors and other rights she may not want to give up.  Furthermore, if she is unable to live alone- selling or gifting her rights to the property may result in the loss of certian benefits.  Finally, quite possibly, depending upon whether the property is held as a "Lady Bird Deed," or not, will depend upon whether the remainders must also sign the deed in order to make the title marketable to a final buyer.  An Elder Care attorney may be able to help her with the specificities of these concerns and lead her in the right direction.  Good luck!... Read More

I assume that you need wills, trust(s) for both you and your spouse. A simple (nontaxable estate) trust package for a couple should cost about $900-$1,100. Slightly higher if this is the second marriage. Extensive customization of the documents involving testamentary trusts, elective share trust,  special needs trusts, or a retirement trust is also slightly more. e also more expensive.... Read More

Dear sir,   You seem to be confusing your trust with a power of attorney. The law in Florida regarding powers of attorney has changed since 2011 and "springing " power of attorney are no longer valid if made after the date of the new law. "Springing" means that the agent's power only begins once the Principal becomes incapacitated. Please discuss this with your lawyer. I'm sure he can help with this.... Read More

It depends on various factors that should be addressed with an estate planning attorney. If the parents wish to retain a lifetime interest in the home, an Enhanced Life Estate Deed should be considered. Otherwise. a Warranty Deed or a Special Warranty Deed can be utilized for the transfer. However, it would truly serve your interests to consult with an estate planning attorney about this transfer and the impact it may have on your overall estate and your estate planning goals. All the best.... Read More

Based on your post, it appears that probate may not be necessary but, if there was a will, that will should still be placed on deposit with the clerk and the death certificate (without cause of death) should still be recorded in the public records of the county where decedent passed away. Also, it would still be prudent to consult with an attorney to ensure that indeed no court action must be taken. All the best.... Read More

A joint tenant's interest is subject to levy and execution. See McDowell v. Trailer Ranch, Inc., 421 So. 2d 751 (Fla. 4th D.C.A. 1982). Therefore, as a general rule where a certified copy of a judgment has been recorded against a joint tenant with right of survivorship, such judgment lien must be released or shown as an exception to coverage. One exception to the general rule exists. Since the interest of a joint tenant terminates upon his death, a lien on his interest is a lien on a defeasible interest. The lien terminates when, by reason of death, his interest in the tenancy terminates. See D.A.D., Inc. v. Moring, 218 So. 2d 451 (Fla. 4th DCA 1964). Therefore, where the joint tenant against whom a judgment lien exists dies and the property vests in the survivor, the judgment lien against the deceased tenant may be disregarded. ... Read More

You would have to check court records showing title to the home likely passed to the mortgage company or the bank at time of death pursuant to the reverse mortgage; then contact the mortgage company to determine if there was any 'equity' after paying off the mortgage debt. You would have to seek help from a court clerk initially. Good luck.... Read More

As a duly appointed executor, you are charged with marshaling all assets, paying properly filed debts, and distributing the assets per the will or Tennessee's intestate succession law. You did not advise if the accounts were held in joint name, payable on death or the like. You might have to decide whether to pursue action against your mother. Talk with counsel. ... Read More

I would just call a few attorneys' offices and ask for an estimate.  I sometimes end up charging more than my estimate when clients change their mind or end up wanting more complex documents than they originally thought.  Be sure to look at the amount of time that your attorney took to draft your documents when asking for estimates.  Do you get the estimate in writing?  Is the attorney willing to work with you on a compromise?  I would encourage you to try to work with her or him once you get some information about what other attorneys in the area charge. ... Read More

It depends on what assets are involved and how they are titled. If everything was held jointly with your step-father/surviving spouse, then unlikely. Pursuant to Section 732.1o2(3) of the Florida Statutes, the intestate share of the surviving spouse is one-half of the intestate estate when the decedent is survived by one or more of the descendants who are not lineal descendants of the surviving spouse. However, this section addresses only the intestate estate. For example, property that your mother held jointly with her husband would not be considered part of your mother's estate and would pass to her husband; the same is true as to any accounts that may have been held jointly by them. Also, if the husband was the beneficiary of any policies, then the husband would get those funds directly. You should really consult with a probate attorney so that all the facts can be addressed and a specifically tailored response can be rendered. All the best.... Read More

You should consult with an estate planning attorney on preparing a new deed where you would own (what I assume a homestead) property together with your husband. Otherwise, you will have a life estate in the home that can be converted to a tenancy in common and unless converted to such a tenancy in common, upon your passing, the home will revert back to your husband's children.... Read More