Florida Trusts Legal Questions

Here's a helpful link that explains the probate process in FL. http://www.floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/92f75229484644c985256b2f006c5a7a?OpenDocument While a summary administration may be possible, I think you will need to file a formal administration since an insurance company will probably only deal with a person appointed as personal representative of the estate. Personal representatives are appointed in  formal administrations only. Note:  You will have to get an attorney if you want to file any petition for administration with the court.... Read More

The law required the custodian of a will to deposit it with the court within 10 days after receiving infomation that the testator is dead.  You should ask your stepmother to deposit the will with the court if she has it in her possession or tell you what she knows about it.  If there is no will or you cannot account for the loss or destruction of your father's will, you may wish to consult with an attorney to petition for administration of your father's estate.  If there is no will and no prenuptial agreement, the surviving spouse would get one-half of the estate plus certain rights in homestead real property and exempt personal property.  The other half goes to the children of the decedent.... Read More

Assuming your mother was the Grantor, she had a life estate. When she passed away, the Remaindermen's interest in the property vested. If her ex-husband was the Grantor, he had a life estate. When he passed away, the Remaindermen's interest in the property vested. I suggest you have the deed reviewed by an attorney who practices in the field of estate planning or probate.... Read More

I send all my clients a letter every three years and suggest a review and update if necessary. Each client is different-but generally wills and trusts do not expire but can be changed or amended as necessary. You could have the attorney send a letter explaining the changes he/she are suggesting to be updated.... Read More

If you believe your aunt and uncle have been financially exploited, you should contact the Elder Abuse Hotline at the Florida Abuse Hotline at 1-800-96-2873. Press 2 to report suspected abuse, neglect or exploitation of the elderly. Additionally, you should seek out an attorney who practices in the field of elder law. Astrid de Parry, P.A.... Read More

An Attorney will need a short summary of your assets and names of your trustees after you die. Also a list of the beneficiaries and the % they will receive. It is also good to have back-up's listed. You can call 1-800-226-3529 and request a full size poster sheet on trusts and estate planning. Attorney Joe Pippen joe@attypip.com... Read More