Undue influence litigation can be time consuming and last a long time. While it is difficult to assess whether your attorney is taking too long to bring this matter to resolution based on the information you've provided, there are options for bringing a case to final hearing. You should discuss a timeframe for bringing the matter to trial with your attorney. If he or she is unwilling to move the case to final trial, you may want to seek other counsel.
There are no direct prohibitions on this type of activity. However, you will want to consult with your counsel (you do have counsel since all Florida PRs are required to have counsel if there are other beneficiaries involved) to avoid any appearance of self-dealing. Informing and receiving consent from the other beneficiaries is likely the absolute best avenue to take.
In a situtation such as yours, the Court should consider a rolling average for your income rather than a snapshot four week period. The best method is to annualize your income and then divide it by twelve months. You should consult with a family law attorney to ensure that your income is being properly calculated for support purposes.
The previous answer is incorrect. The mother's death in 2002 would've left the father a life estate with the remainder to the children. At father's death, his will would not apply to the homestead. Therefore, the mother's children would own the property in equal shares. A homestead determination needs to be entered for the mother's estate to place the home in her children's names.
While you probably don't have a defamation suit, you and your brother can certainly initiate a partition action to force the sale of the home without your sister's consent. You should consult with an attorney knowledgeable in both probate and real estate.
As long as you were legally married and both she and your stepson reside with you, you should have no problem claiming the stepson as a dependent on your taxes. Your wife will change your filing status to "married filing jointly" and this will increase your tax bracket, the amount of your standard deductions, and the total number of exemptions claimed.
Your right to review the trust agreement will depend upon the contents of the trust agreement. As for other rights, that will also depend upon the situation and facts of your case. I would be happy to discuss the matter further with you.
Anyone can serve as trustee of an irrevocable life insurance trust (ILIT) in this situation. The real key is making sure that the ILIT is fully utilized for its intended purposes. If the grantor (the grandparent in this case) doesn't want to file a gift tax return on the insurance premiums, the payment of the premiums will have to be accomplished through the use of "Crummey" letters (as mentioned above). The "Crummey" letter gives the beneficiaries of an ILIT a "present interest" in the...
The DMV may allow you to transfer the title as mentioned by some of the other attorneys, but in my experience, this is only allowed when transferrring the vehicle title to a surviving spouse. Further, if the trailer is actually considered as real property (and no longer considered a mobile home), then a probate will be necessary. If a probate is required (either by DMV or by reason of the nature of the mobile home), a summary administration can be utilized rather than a formal administration.