Florida Trusts Legal Questions

That depends.  From the way you've worded your question, I assume that your sister passed away after your mom.  If your mom left the house to your and your sister as joint tenants (which means that the house goes to the survivor), you would now own all of it.  However, if your mom left it to you and your sister as tenants in common, which is more common, it means that each of you owned half of the house, and your sister's would now pass to her heirs.  If she had a will, her half of the house would go to whomever she left it to in her will.  If not, it would pass by the laws of intestasy, and whether you would get her half of the house depends on what other relatives she left behind.  Spouse?  Children?  Other siblings? As you can see, the issue gets complicated, probably too complicated for this forum.  You may want to consult a local estate attorney.... Read More

If you are listed as the POD on the bank account, you should be the only person entitled to the proceeds in the account after the titleholder's death.  Even if a testamentary document, such as a Last Will, states that others are to receive monies from that bank account upon the titleholder's death, the title to the bank account will control over the terms of the will.  If you would like to discuss this more, please feel free to reach out to me. Tel.: (561) 717-9854 Email: jordan@jwjacoblaw.com... Read More

The trustee is the legal owner of the trust, but owes a fiduciary duty to the beneficiaries. The trustee can only do what the trust allows the trustee to do.  An accounting is owed to the beneficiaries.    I would have to review the trust before I answer your question. You can contact me at 305-283-4785 or e-mail me at sgarciavidal@garciavidallaw.com.    Thank you. ... Read More

I do not understand the question and need more information. The will has to be witnessed by two people in the presence of each other. A self proving affidavit should be attached and notarized to avoid having the witnesses appear in court.  Please contact me if you have any questions at sgarciavidal@garciavidallaw.com.      ... Read More

Mr. Watkins, Hopefully I can provide some insight regarding the termination of the trust. As trustee, you would generally have a couple of options.  First, if this is a private trust, then the settlor may be able to terminate the trust as long as the instrument itself does not state it is irrevocable, and the settlor complies with any provisions that were written into the trust regarding the procedure of carrying out the action. If not done by the settlor, then there's a chance the court may terminate the trust if you, as the trustee, request they do so.  Usually, the court will only grant the request to terminate a trust if the termination would not be inconsistent with the settlor's intent, or if the termination is in the best interests of the beneficiaries. Based on the sparse details provided here, that is all the insight I can provide.  If you need a more detailed answer, please let me know more of the specifics surrounding your situation.  Thank you, and best of luck!... Read More

I would have to know who is the trustee and how is the account titled. If there is a trustee or a beneficiary on the account, then you might be able to inquire about the account.  If not, then you have to do a probate.    Contact me at sgarciavidal@garciavidallaw.com and send me your phone number.  Thanks. ... Read More