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Robert Allen Dawkins

Robert Dawkins’s Answers

5 total

  • 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?

    i bought the house when my dad dies. he has 3 children i have 2

    Robert’s Answer

    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.

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  • 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?

    My friends mother died and her sister is not disclosing the will and has sold almost all items in the house. Her sister will not include her with anything even though it was supposed to be split 50/50 per the will, so her mother told her before s...

    Robert’s Answer

    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.

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

    I want to name my brother who is not a FL resident as property manager. If he is unable, I would like to name my friend who is also not a resident of FL. I am a FL resident and my property is in FL. I also plan on creating a Living trust so I a...

    Robert’s Answer

    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.

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  • Administration of Estate, Creditors

    Why would a Personal Representative need to send the Petition for Administration, the Petition for Determinination of Homestead Status and the Notice to Creditors to the known creditors of the estate at the same time? Why does it not suffice to se...

    Robert’s Answer

    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 judgment call, especially without all the facts!

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  • Small Estate

    My mother was beneficiary on my Great Aunt's small life insurance policy. They are both deceased. I need to file a form with the court to claim the money without opening an estate or going through probate. 1. What form do I file? 2. Can MY credito...

    Robert’s Answer

    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 out to other family members.
    On the other hand, if your mother died second, then you would need to do some sort of probate for her estate.
    Once you know who's estate needs a probate, then the question is what sort of probate you must do. If the insurance is 6000 or less, and you paid funeral expenses of at least that much, then you can get the proceeds by doing what's known as a "disposition without administration." You wouldn't need a lawyer for this, instead, you would contact the probate clerk's office in Jacksonville at 630-2053, and bring in the paperwork that they tell you to bring, along with money for the filing fee. If the insurance is more than 6000 but less than 75,000, you'd need to do a "Summary Administration", and you'd need a lawyer to help you. This is a short form probate. If the amount is over 75,000, you'd need to do a full formal probate, and you'd need a lawyer.
    In any case, once you got the money, your creditors could get at it just as they could get at other non-exempt assets you have. In other words, an inheritance is normally not an asset that is exempt from creditor claims.

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