Robert Allen Dawkins’s Answers

Robert Allen Dawkins

Ponte Vedra Beach Estate Planning Attorney.

Contributor Level 5
  1. Can i leave my house to my husaband to live in until he dies then go to my children not his if the house is not paid for?

    Answered about 3 years ago.

    1. C. Kelley Corbridge
    2. Robert Allen Dawkins
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    Assuming this is your primary residence, then yes, you can. But bear in mind that if you do this, normally, your children would be resposible for the principal portion of each mortgage payment, with your husband responsible only for the interest (and the tax and insurance portion, if escrowed). One way to avoid this problem, if you have enough other assets, would be to direct that those assets be used to satisfy the mortgage.

    4 lawyers agreed with this answer

  2. What recourse does a person have when one person on the will is not allowing the other access to the will and is selling items?

    Answered about 3 years ago.

    1. Evelyn Watts Cloninger
    2. Robert Allen Dawkins
    3. Robert West
    3 lawyer answers

    Your friend needs an attorney; there's very little she can do on her own here, since there's not even a case yet, so she can't even contact the judge on her own. Her best bet would be to find an attorney who would be willing to be paid from her half of the estate. Assuming there is a will that leaves half to her, she has a number of rights as a beneficiary, even if the mother's sister is named as personal representative (executor) by the will. A good trusts and estates attorney is a must here.

    4 lawyers agreed with this answer

  3. Administration of Estate, Creditors

    Answered over 3 years ago.

    1. Robert Allen Dawkins
    2. Lucreita D. Becude
    3. M Daniel Sasso
    4. Jonathan Craig Reed
    4 lawyer answers

    Technically, only the Notice to Creditors would need to be sent at this point. If claims are filed, then you'd need to send a copy of the homestead petition, and a copy of the notice of hearing on that petition, to the creditors who have filed. Nevertheless, since all of these are a matter of public record, it isn't really a problem that they are being sent, and your attorney may well have a good reason for doing that in this case. I would not want to second-guess another attorney's...

    1 lawyer agreed with this answer

  4. Who can serve as a property manager for property left to minors in a Will in the state of Florida?

    Answered over 3 years ago.

    1. Robert Allen Dawkins
    2. April Denise Hill
    3. Thomas R. Olsen
    3 lawyer answers

    If you leave the property to the minors in trust ( the trust would be created either by your will or by your living trust), which is very much better than leaving it outright to the minors, then you are free to name anyone, anywhere, as trustee. On the other hand, Florida does limit your ability to name guardians for your children; any guardian must be either a Florida resident or be related within a certain degree to your child.

  5. Small Estate

    Answered over 4 years ago.

    1. Gust G Sarris
    2. Marc Jeremy Soss
    3. Lucreita D. Becude
    4. Robert Allen Dawkins
    5. Michael I Burstein
    5 lawyer answers

    The order of deaths is important here. If your mother died first, then whoever is named as the contingent or secondary beneficiary would be the one entitled to the proceeds; if there was no named contingent beneficiary, then the proceeds are probably payable to the estate of your great aunt, but you would have to check with the insurance company on this, since some policies pay to the estate of the insured when there is no surviving named beneficiary, while a few policies provide that they pay...