Kristen Pollard Marks’s Answers

Kristen Pollard Marks

Pensacola Estate Planning Attorney.

Contributor Level 8
  1. How do I know if my home would pass to to me in case of husbands death?

    Answered over 2 years ago.

    1. Barry A. Stein
    2. Kristen Pollard Marks
    3. Marcos P Martinez
    4. James P. Frederick
    5. Dennis Michael Phillips
    5 lawyer answers

    If the property is located in Florida, then if both a husband and wife are on the deed (i.e. John Smith and Jane Smith), then it is presumed to be owned as tenants by the entireties with a right of survivorship unless some other language is present stating otherwise (i.e "tenants in common" which does not carry with it a right of survivorship). The prenup. agreement should not affect this property nor your husband's Will nor living trust as ownership rights on a deed or beneficiary designations...

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  2. What is the best way for my husband to leave his house to me?

    Answered over 3 years ago.

    1. Kristen Pollard Marks
    2. Steven J. Fromm
    3. Paul A. Smolinski
    3 lawyer answers

    The easiest way to 'inherit' your husband's home after the dies is to add your name to the deed now. He could sign a deed from himself to the both of you as husband and wife (tenants by the entireties). Then, whoever dies first, the surviving continues to own the house without the need for any court involvement or probate. Because there is no mortgage on the home and you would not being paying your husband for an interest in the house, there will be no Florida documentary stamps (no state...

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  3. Home deeded in wife's name only, she had a will in which she left the house to husband. Upon her death is it 100% the husbands?

    Answered almost 3 years ago.

    1. Gerald J Donnini II
    2. Kristen Pollard Marks
    3. Dawn Ellis
    4. Kenneth V. Zichi
    5. Stephen Fulton Shaw
    6. ···
    6 lawyer answers

    A person is only allowed to devise their homestead property if they are not survived by a spouse or minor children. If the wife is survived by her husband but no minor children, she is allowed to give the house to her husband. However, if the wife has any minor children, then she is not allowed under Florida law to only leave the house to her husband. It would pass by operation of law as follows: life estate to her husband with a remainder interest to her children (both minor and adult children)...

    6 lawyers agreed with this answer

  4. Our legal papers are from 1998 in New York- we now live in Florida since 2002 Do we need to update and redo?

    Answered over 3 years ago.

    1. Kristen Pollard Marks
    2. Kristopher Robert Reilly
    3. Joseph Franklin Pippen Jr.
    4. Daniel Wagner
    5. Astrid de Parry
    5 lawyer answers

    Florida has reciprocity with other states in that Florida will honor an out of state Will as long as it was a valid Will when executed in that other state. However, that said, it's still a prudent idea to have your out of state Will reviewed when you move to Florida because even if you think everything is correct and nothing has changed in your situation or desires, there may still be provisions in your out of state Will that won't be honored by the Florida courts (even if the Will itself is...

    6 lawyers agreed with this answer

  5. My sister died unexpectedly, and never updated life insurance beneficiary.

    Answered over 3 years ago.

    1. Joseph Franklin Pippen Jr.
    2. David Martin Beliveau
    3. Kristen Pollard Marks
    4. Alejandro Rafael Lopez
    5. Dennis Michael Phillips
    6. ···
    8 lawyer answers

    Unfortunately the answer is no, nothing can be done at this point to change the beneficiary. In fact the U.S. Supreme Court issued a ruling a couple years ago which confirmed that the named beneficiary cannot be changed based on change of circumstances. In that case, the gentleman died and his life insurance named an ex-wife of 20 years ago as his primary beneficiary. The ex-wife was awarded the life insurance proceeds. As part of my planning with clients, I have them review the beneficiary...

    6 lawyers agreed with this answer

  6. Can My new husband just sign a waiver of his "elective share" in MY WILL? or should I do a POST-NUP?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Adam Troy Rauman
    3. Christopher Quinn Wintter
    4. Kristen Pollard Marks
    4 lawyer answers

    I would recommend a Postnuptial Agreement which can be drafted to address post-death rights only (as opposed to divorce). You will each need to be represented by your own attorney.

    5 lawyers agreed with this answer

  7. What are the laws re: transfer of guardianship from another state to Fl.

    Answered almost 3 years ago.

    1. Kristen Pollard Marks
    2. Robert Jason De Groot
    3. Astrid de Parry
    4. Joseph Franklin Pippen Jr.
    5. Paul Joseph Consbruck
    5 lawyer answers

    Although Florida courts do honor out of state guardianship orders (see Florida Statute 744.306), it's not quite as easy in my part of the State as filing certified copies of the out of state guardianship orders. At least in Escambia and Santa Rosa Counties, you still need to file a petition for appointment of guardian and pay the $400 filing fee. The out of state guardianship order will help you bypass the incapacity proceeding but not the guardianship proceeding itself. Plus, your Florida...

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  8. My Mom had a Trust but her attorney said we needed to go into probate because she did not have a will. I am concerned.

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Joseph Jonathan Brophy
    3. Cristin Jenise Silliman
    4. Joseph Franklin Pippen Jr.
    5. Kristen Pollard Marks
    6. ···
    6 lawyer answers

    A probate might be advisable/required for a number of different reasons even if your mom had a trust. For example, (a) to transfer assets out of your mom's individual name (those assets weren't retitled into her trust during her lifetime), or (b) give formal statutory notice to creditors to shorten the statute of limitations by which they could file claims against your mom's estate. I'd ask your attorney exactly why a probate is needed or advisable in your mom's situation. Simply because she...

    4 lawyers agreed with this answer

  9. Want a simple will. What is the cost?

    Answered over 1 year ago.

    1. Eileen D. Jacobs
    2. Kristen Pollard Marks
    3. Matthew William Hoffmann
    4. Joseph Franklin Pippen Jr.
    5. Robert P Garven
    5 lawyer answers

    Technically, a "simple" Will means it does not include a trust within its terms. If you want to leave all of your property to one person "outright", then you would be talking about a simple Will. If you want to leave everything to one person "in trust", you have the flexibility to say how the funds are to be used by such person, who you want to manage the property and how long such property should stay in trust. This would be called a "complex" Will. However, just because your Will may be "...

    4 lawyers agreed with this answer

  10. What do I need to take my nephew to the doctor, ER, etc.?

    Answered over 1 year ago.

    1. Kristen Pollard Marks
    2. Elizabeth Bertrand
    2 lawyer answers

    A Power of Attorney for Care of Minor Child should suffice. Make sure it specifically addresses medical issues & includes a HIPPA Release which is required by Federal Law before the doctors are allowed to speak to you about your nephew's medical matters. The POA will be signed by the mom. It should address the fact that dad has no legal custody rights to the child.

    3 lawyers agreed with this answer

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