Florida Estate Planning Legal Questions

It's difficult to answer your question conclusively without more information, but there are some general rules that apply. Florida has some special rules concerning homestead property, which is defined as the principal place of residence for husband and wife, in this context.  The parents would not have the legal right to provide anyone but the surviving spouse with the right to reside in the home for so long as either spouse is alive.  I am also assuming for purposes of answering this question that there are no minor children of the parents. If the parents' desire is to maintain the home in trust after both of them die, then the trust can be amended to include a provision that the son who has provided care for the parents would be entitled to live in the home for whatever period of time the parents would like to provide for him. At that point the amendment to the parents' trust could provide for whatever use or disposition of the home they desired. In the situation you have described, the right of the son to live in the home technically would not be a life estate, it would simply be a provision of the trust allow the son to have beneficial use of the home for the designated period of time, including a term that expired upon his death. Your parents may want to consult an estate planning attorney to evaluate their options.  ... Read More

Their options are many. Basically, in Florida as in other states, the law is that if you do not pay the mortgage, the bank can foreclose. Since the mortgage was in the father's name, I doubt that there will be a modification, and they should probably seek other financing to pay of the mortgage.... Read More

Your situation is too complicated to address, here. You need to have an attorney review all the facts with you. I do not know what you mean when you say that he read the Will and the facts "don't match." You should have an attorney assist you with this before you lose your entire inheritance.... Read More

In Florida, a Personal Representative of a probate estate is appointed by a circuit court judge, upon the filing of  a Petition for Administration with the probate court.  The Petition for Administration must include information about the decedent, who are the parties who are interested in the estate, and the approximate value and the nature of the assets owned by the decedent that are subject to the probate proceeding.  All of the interested persons must receive notice of the filing of the Petition for Administration, and unless those interested persons have signed a waiver they must be notified by way of certified mail of the date of the hearing scheduled by the probate court to consider the Petition for Administration. Typically, the Petition for Administration must be prepared and filed by a Florida lawyer unless the proposed personal representative is also a Florida lawyer.  If a beneficiary is the sole interested person in an estate (no other heirs nor creditors), then the beneficiary may serve as the personal representative without the need to hire a Florida lawyer to represent the personal representative. If you need to file a petition for administration so you can be appointed personal representative of an estate, you should consult with a Florida lawyer who is experienced in handling probate matters.... Read More

The probate court will not render decisions affecting the mortgage unless there is a special issue. The lender controls the mortgage. Contact the lender to determine willingness to transfer the mortgage to whomever becomes the owner in the probate process. Probate decides the owner but the lender must approve a new mortgage or you or your sister must find a new lender.... Read More

First of all you have title to the house and are the owner, so don't be scared of losing the house. Secondly, obtain yourself legal counsel to have the person removed from the house, so you can move forward. Don't let him attempt to make you feel guilty. The attorney should be one who specializes in unlawful detainer actions for removal of renters or freeloaders.... Read More

Probate court is required to contest a will. Like most legal decision, one must weigh the benefits to be gained, the costs of contesting the will, the possibility of winning the case, and other issues. Your inquiry does not provide detail regarding these issues, so you may want to consult a lawyer or other who is familiar with such issues. Contesting a will can be difficult; a lawyer should listen to your reason for contesting the will before advice can be given. If you are contesting it due to your belief that the testator was unduly influenced, lacked mental capacity, or did not actually execute the will, you must have evidence to support your contest. May this information based on your limited facts help you to decide.... Read More