Pensacola Estate Planning Attorney.
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...
Selected as best answer
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...
Selected as best answer
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
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
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
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...
Selected as best answer
If the Court finds that a personal representative breached their legal duties in acting as personal representative, then the personal representative is liable to all interested parties for any damages or loss to that party by reason of the breach of duty. Further, the court "shall" (must) award costs and attorney's fees to the party who prevailed against the breaching personal representative. In awarding attorney's fees and costs, the Court can direct that it be paid either out of the personal...
3 lawyers agreed with this answer
Agreed with the previous answers that if your sister is the beneficiary on the policy, the proceeds do not need to be used to pay your mom's estate creditors. If, on the other hand, the policy proceeds were either payable to your mom's estate (either because her estate was the named beneficiary or by default because of lack of a surviving beneficiary), then the proceeds would be available to pay estate creditors. It is therefore imperative that people confirm their beneficiary designations and...
Selected as best answer
Yes, Florida recognizes out of state Wills as long as they are valid in the state of execution (Maryland in your case). However, Florida may not recognize certain provisions of your Maryland Will. For example, only Florida residents or family members can serve as personal representatives of a Florida estate (in other words, no out of state friends are allowed to serve as executor). Another example might be a 'no contest' clause which Florida does not recognize either. So, even though your...
2 lawyers agreed with this answer
Unfortunately if you are not the co-owner on the account and not named as the POD ("payable on death") beneficiary on the account (your mother would've had to sign a beneficiary form at the bank to name you as POD beneficiary), then you will need to obtain a court order before the bank will release the funds. If your mother's estate does not exceed $75,000 (not including the value of her homestead property) and she has no creditors, or she passed away more than 2 years ago, then you could...
2 lawyers agreed with this answer
