Dan W. Armstrong’s Answers

Dan W. Armstrong

Ponte Vedra Beach Estate Planning Attorney.

Contributor Level 14
  1. My son, who was a Florida resident, passed away. No spouse-no children- no will. How do I, the Father, take posession of assets?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Susan E. Gregory
    3. Eliz C A Johnson
    3 lawyer answers

    Probate is a court-supervised process of gathering and distributing the decedent's assets. Florida law primarily establishes two types of probate administration: Formal Administration and Summary Administration. Florida law also establishes a nonadministration proceeding called "Disposition of Personal Property Without Administration." Probate resolves the affairs of a decedent and transfers assets to the proper beneficiaries. Florida law provides for all aspects of the probate process, but...

    1 person marked this answer as helpful

  2. How to get papers from an attorney

    Answered over 3 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Dan W. Armstrong
    3. M Daniel Sasso
    3 lawyer answers

    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be...

    1 person marked this answer as helpful

  3. Parent dies without a will, debt is owed on home, kids live in home and don't pay mortgage. Kids do not go through probate.

    Answered over 3 years ago.

    1. Jeramie J. Fortenberry
    2. Dan W. Armstrong
    3. James Brian Thomas
    4. Eliz C A Johnson
    4 lawyer answers

    The children should start looking for another place to live. I suspect the home is in some stage of foreclosure now. Anyone can initiate the probate and the most likely candidate seems to be the mortgage company to protect their collateral on the mortgage loan. If the children wish to probate and accept the mortgage they may be able to get the home passed to them via our Homestead law if it is determined to be the decedents homestead. In this case the home would pass outside of probate free...

    1 person marked this answer as helpful

  4. Trusts

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Thomas Michael Bates
    3. Eliz C A Johnson
    3 lawyer answers

    Rather than the term “Trust”, you may mean Last Will & Testament (“Will”)? Trusts and the administration of Trusts usually are not filed with the court and require court oversight. A Will or when the descendant has no Will then that normally requires a filing and court involvement. In Florida court records in probate and trust administration are public record and may be seen by you by going to the county court where the decedent resided and see the clerk of the court normally in the Probate...

    1 person marked this answer as helpful

  5. What recourse do we have at this time in a trust payout?

    Answered over 3 years ago.

    1. Jeffrey Scott Goethe
    2. Dan W. Armstrong
    3. Jerry E Shiles
    3 lawyer answers

    See an elder law attorney since this subject can be complex and other issues are created that you might require further information. Immediately run and see and attorney to insure your individual rights and inheritance. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! My comments are not intended to establish an attorney-client relationship, are not...

    1 person marked this answer as helpful

  6. How does a probate moved into the closing stage?

    Answered over 3 years ago.

    1. Dan W. Armstrong
    2. Timothy G Kearney
    2 lawyer answers

    Hire a probate attorney to insure your interests. Statutes says that a probate must be closed within 12 months unless an extension is approved by the court. Normally upon an attorney withdrawal the court requests the Personal Representative to move ahead with a replacement attorney. Several issues have probably occurred here and you need an attorney to preserve your interests. See an elder law attorney since this subject can be complex and other issues are created that you might require...

    1 person marked this answer as helpful

  7. I have POA over my parents. I need my brother to also have POA since he is now closer to them. Can more then one sibling have

    Answered over 3 years ago.

    1. Dana L. Manner
    2. Dan W. Armstrong
    3. James Brian Thomas
    3 lawyer answers

    In Florida, every adult is presumed competent. However, if an adult becomes incapable of making decisions due to a disability, a guardian can be appointed for them by the court to act on their behalf. This relationship is called a guardianship between the competent adult (the guardian) and the adult who is no longer capable of taking care of himself or herself (theward). The guardian is authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the...

    1 person marked this answer as helpful

  8. Do I have the right to ask my brother (the executor of my fathers will) for an update on the status of the estate?

    Answered over 3 years ago.

    1. Kristopher Carl Duer
    2. Jeffrey Scott Goethe
    3. Dan W. Armstrong
    4. George D. Greenberg Esq.
    4 lawyer answers

    Probate is a court-supervised process of gathering and distributing the decedent's assets. Florida law primarily establishes two types of probate administration: Formal Administration and Summary Administration. Florida law also establishes a non-administration proceeding called "Disposition of Personal Property Without Administration." Probate resolves the affairs of a decedent and transfers assets to the proper beneficiaries. Florida law provides for all aspects of the probate process, but...

    1 person marked this answer as helpful

  9. Homestead property in Revocable Trust

    Answered over 3 years ago.

    1. Dan W. Armstrong
    1 lawyer answer

    There is to many unmannered questions n this fact pattern. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended...

    1 person marked this answer as helpful

  10. Why Is The Law For Property Deeds So Contradictory?

    Answered over 3 years ago.

    1. Jeramie J. Fortenberry
    2. Dan W. Armstrong
    3. Joseph Warren Cannon Boyles
    4. Lonnie K McDowell
    4 lawyer answers

    The prior attorney answered your question well even tough he was not licensed in FL. Taking something from someone after they have been given it is theft may be another simple explanation. See an elder law attorney since this subject can be complex and other issues are created that you might require further information. My website below may have articles that may further be of interest to you on this subject. If you think this post was helpful, please check the thumbs up (helpful) tab...

    1 person marked this answer as helpful