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David Michael Goldman's Answers
Contributor Level 14
- 611 Legal Answers
- 2 Legal Guides
4
Attorney answers:
Are fees paid by an estate to an executor subject to federal income tax?
Yes, regardless of whether you receive a 1099, you are subject to income taxes on the earned income. This is why so many executor's waive their fees and just take distributions which are not subject to income taxes.
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4
Attorney answers:
Do you agree with what the attorney is telling me re: vesting the title in equal thirds?
Generally a home will pass under outside the will unless the will provides a valid transfer of the home and does not violate the homestead protections of the Florida constitution. You should have your attorney review the will to see if the devise in the will is valid, and if the will is valid. If so it would be a fraud on the court to ignore the will to transfer the home in another manner. You all can agree to a different distribution and through waivers or other legal documents have the...
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4
Attorney answers:
Can i put my mothers property in my name
Please don't listen to the PA lawyer as he is unfamiliar with Florida laws. Your mothers home is probably protected by Florida's Homestead protection. Unlike the other response, if this is the case it is not an asset subject to probate and upon your mother's death, the home became an asset of her children. (Assuming no will and no spouse). While a probate is not necessary, if you decide to sell the home later, you will probably be required to do one. If you wait 2 years the creditor's...
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2
Attorney answers:
Home is up for auction how long before I need to move out.
Just because an auction date has been scheduled does not mean the home will be sold then. There are many times that the sale does not go smoothly. The sale can be cancelled for a number of reasons; sometimes the inspection has not been completed, the appraisal may not have been completed, or a third party bids on the home, wins the auction but fails to pay the purchase price. In this case the home will need to be put up for auction again. After the sale it will be important for you to...
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3
Attorney answers:
My home is going up for auction in dec. my belonging are still in the home and my neighbor change my locks could he do this.
Until the home has been sold at auction, it is still yours and you still may have rights to possession and legal ownership. In fact, you still have remedies available to you which could prohibit the foreclosure sale. If you are sure your neighbor changed the locks and has the key, you need to request that it be turned over to you, or tell him you will call the police. Often times, the servicer of the loan will choose to secure property by changing the locks when they determine that the...
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2
Attorney answers:
How may I get a copy of my foreclosure notice?
You can get it at the courthouse, or contact a local attorney and ask them if they can pull it from the online records (if they are available in your county)
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3
Attorney answers:
I am a beneficiary, along with my 2 sisters, of an estate. 1 of the sisters is the personal representative.
If you sign the document you will not be given an accounting. Without knowing the circumstances and assets involved its hard to make a decision. For example it may be ok to sign if there were no assets, the only asset was a home which was declared homestead and distributed. I personally would want to know what happened prior to singing such an agreement.
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2
Attorney answers:
Checking accts with a named beneficiary considered a beneficiary driven asset or can asset be seized by unsecured creditors?
Assuming you are not talking about a bankruptcy, in order for a creditor to seize an account, there would have to be an order from the probate court. Generally an account with a POD beneficiary is not subject to probate and is outside the availability to satisfy creditors claims. Your question and specific circumstances should be discussed with a Florida Probate lawyer. David Goldman Apple Law Firm http://www.jacksonvillelawyer.pro Jacksonville, FL
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2
Attorney answers:
I open my door & saw doc.on the ground for F/C .i wrote a request toPRODUCE DOC.file copy w/ t/court 1 to bank is this correc
Your issue seems to be one of proper service to begin the foreclosure lawsuit. You need to be very carful when filing documents with he court so that you do not waive your rights. You should talk with a Florida Foreclosure Defense Lawyer as soon as possible, bring the documents Steven has suggested along with all of your closing documents and any correspondence that you have received from the banks or who ever you have been paying since the loan was originated. If it was a refinance, you may...
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4
Attorney answers:
Question for Florida and New York probate/trust attorneys
You are correct with most trusts, but we have certain trusts where this is the not the case. These can be beneficial as they can protect the assets from creditors. If you are looking to avoid probate and asset protection you should contact a lawyer that creates Florida Asset Protection Trusts.
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