Glenn Burdette Grevengoed's Answers

Florida property transfers to a living Trust

You may transfer real property to a trust. It is important to transfer the property to the trustee and to fully identify the trust in the deed. This may be done by quit claim deed. It is helpful to convey using language that gives the trustee powers so examination of the trust document for those powers is unnecessary later. Florida has a strong Homestead law so be advised that if the property is your primary residence, the trust will not overcome rights that a spouse and minor children...

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Will

If everything is left to your daughter, you do not need to change your will just because your assets have changed. After 5 years it would be a good idea to review it and make sure that other changes are not needed. For example, when your will was last made your daughter was a minor and would not have been eligible to serve as personal representative of the estate. She is of age now and, depending on her level of competence and responsibility, you may wish to have her now named as personal...

Does a surviving spouse need to file his deceased wife's will?

The will should be filed with clerk of court probate division. There is no charge for filing the will and the law requires that a will be filed within a crtain period of time after death. However, this does not mean that a Probate Court Case needs to be opened. If all assets were held jointly, there will be no assets to be probated. If there are any assets that were only in your mother's name, Illinois has a provision that allows assets under $100,000 in aggregate value to be handled by...

Real estate, estate planning and trust law in FL state, process of purchasing real property in a revocable trust

If I understand your question, the answer is no. When purchasing real estate in your trust the trustee of your own trust would be the purchaser. If the trustee of another trust is holding title to the real estate, they would act as ay other seller would. Normally, you would not just be switching trustees as the trust would have different beneficiaries and terms. Florida does recognize land trusts. The beneficial interest in a land trust may be changed without changig the beneficiary....

Do I have a legal right to force co tenant to sell real property

Real Estate is governed by State law which varies to slight degree from State to State. IN most states you are able to bring a partition action to either divide the land between the two of you or to force a sale of the land with a division of the proceeds. Often the cost of bringing the action will be split between the parties, but again, that depends on the facts of the case and the law of your state. Unfortunately, partition actions do cost money. Depending on the value of the land, the...

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