Florida Estate Planning Legal Questions

If your father was the owner and transferred the title to you by deed, the property is owned by you and is not trust property. Simply mentioning the property in the living trust as being trust property does not validate trust ownership.? Trusts often list property which is no longer trust property or was not trust property at any time.? Transfer of property to the name of the trust is a requirement.... Read More

You need to meet with an elder law attorney. He or she will review all of your mother's income and assets, and help you determine whether any planning is needed. Medicaid planning is a comprehensive process that takes into consideration all income and assets. The attorney will need to review the Trust.... Read More

The choice is yours. It may depend on if you are using the same attorney or a new attorney. It may depend on how much information you are changing. Today though with technology, an attorney is likely to write a new will for you as opposed to a codicil. Your attorney will help you decide what is best for you.... Read More

MJB - personally I do not like having co-trustees.  It is very inefficient.  I would select one child to manage the trust.  That child should be the one who has the skills to be a trustee.  If you're concerned about what the other children might think, you can put in safeguards to prevent the trustee from running amok.  Example, require signed approval from the other children before the trustee can sell assets of a certain dollar amount.  You can always divide the trust into 3 separate trusts and let each child be the trustee of their own trust, but you have to understand this might incur extra cost that could be avoided by having a single trust.... Read More

In order to remove your name from the deed, a new deed would need to be prepared (or upon your death your interest will pass to your spouse automatically should he outlive you.) However, the company who refinances the property will never, never, never lend money to your husband without you and anyone else owning an interest in the property (names on deed) signing the mortgage.... Read More

In Michigan, there is no Caveat procedure. If he was due something from the decedent, he could file a claim against the estate. The Personal Representative would then need to either accept or deny the claim. If the claim is denied, the claimant would need to file a lawsuit against the estate within 63 days or the claim would be barred. He would not be considered an interested person of the estate and he would not have the right to notice, and he would otherwise not have standing. His sole remedy under Michigan law would be to file a claim. Good luck with the book!... Read More

Well, he could contest the will, if he asserted there was a later will, maybe one in which the wealthy woman leaves a gift to the charity of his choice. It's hard to imagine any other way a person not a devisee in the will could cause any delay. How about making your main character the person the wealthy woman named as her personal representative, so he is probating the will? Instantly, everybody hates him at that point.... Read More

If you were not a named beneficiary in your grandparents will, you do not have a right to the property distributed under the will. However, if there is a trust with remainder beneficiary designation, you may have rights depending on the terms of the trust. Once your grandparents property is 'gifted' to your father in their will, it is legally your father's property to do with as he pleases.... Read More

There are two separate issues here. First of all, any improvements built on jointly held land belong to the jointly held land. Therefore, I do not understand the circumstances where your husband could build a house in his "name". Perhaps he borrowed the money only under his name, but that does not mean that the house is in his name. Second, in Florida it is sometimes a complex situation as to whether or not a principal residence should be held in a trust or trusts. Opinions differ among attorneys, so I would strongly urge you to consult with competent legal counsel who can evaluate and advise you about your complete estate plan and then give you advice. There are many facts and circumstances that can affect that decision. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

You can deposit it, but you can't probate it. To deposit it, go to the Probate Court in the county where the decedent resided. Present the original Will to the Probate Clerk along with the last 4 digits of the decedent's social security number and date of death. You should get a receipt from them too.... Read More