Israel Sands’s Answers

Israel Sands

Miami Estate Planning Attorney.

Contributor Level 10
  1. Does a Codicil toWill required to be probated?

    Answered about 2 years ago.

    1. Israel Sands
    2. Daniel Todd Fleischer
    3. Douglas Ron Coenson
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    Nobody has ever probated their own will, to my knowledge... I think you mean deposit the codicil with the court. I think that this is a safe thing to do, to make sure that it is not lost, intentionally or unintentionally. If you are somehow sure that this codicil will be presented for probate along with your will, then you don't have to deposit it with the court.

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  2. What rights do I have as the Administrator of my childrens' father's estate/ He did not have a will and my children are minors.

    Answered over 1 year ago.

    1. Marcos P Martinez
    2. Gregory Herman-Giddens
    3. Israel Sands
    4. Linda Carol Singer
    4 lawyer answers

    Money can only be withdrawn under court order. Florida Statutes provide for a family allowance, even during the period of probate administration, if there are minors involved and need is demonstrated.

    6 lawyers agreed with this answer

  3. We are considering opening up a probate to get personal items due us after these items were taken inappropriately by my nephew.

    Answered about 2 years ago.

    1. Israel Sands
    2. L. Lynn Lawrence
    3. David L. Carrier
    3 lawyer answers

    Probate filing fees in Palm Beach county are about $450. Most lawyers charge a minimum of $3,000 for probate administration. Was probate already opened and closed? If probate was opened, and the personal representative knew or should have known about your claim, then I am not sure that the statute of limitations started tolling until this new information was known to you. Probate litigation is expensive, which can also work in your favor: if your claim is valid, and you re-open probate, the...

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  4. Can an unregistered Florida trust or unregistered foreign trust bring litigation in Florida?

    Answered about 2 years ago.

    1. Carol Anne Johnson
    2. Israel Sands
    3. Stephen Fulton Shaw
    3 lawyer answers

    The trust only needs to be the owner of a Florida asset that would have a reason to sue you, or be a Florida trust (which could be an out of state trust that just appointed a Florida trustee so as to avail themselves of Florida law, and become "a Florida trust"). Florida trusts are not necessarily registered. I recommend you take this seriously and address the claim.

    5 lawyers agreed with this answer

  5. Are there any lawyers who work on consignment probate lawyers that is

    Answered about 2 years ago.

    1. Israel Sands
    2. Joseph Franklin Pippen Jr.
    3. Jeffrey Scott Goethe
    4. James P. Frederick
    4 lawyer answers

    Most lawyers would require that the filing fees and publication of notice to creditors be paid by the client (about $500), even if they waited to be paid their fee when the probate is closed. How sure are you that there were sufficient assets to pay the lawyer (first tier of protected creditors), and medical care in the last 60 days before death (second tier of protected creditors), and then general creditors such as you? Bear in mind that once the first 2 tiers of creditors are paid,...

    5 lawyers agreed with this answer

  6. My sister is executor of my dads will,If she makes a mistake and owes ITS..Is she the only one responsible to pay the IRS ?

    Answered over 1 year ago.

    1. Lawrence Jay Davis
    2. Israel Sands
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    The IRS will go after your sister first, and if they are not compensated they can go after your share of the inheritance. I could be wrong, but if they were not able to get anything from your sister, I am afraid that they could go after the entire amount of unpaid taxes from your half of the inheritance (not just "your" half of the unpaid taxes) - although you would be able to afterwards go against your sister for "her half". Depending on the amount of the inheritance in question and the...

    4 lawyers agreed with this answer

  7. My mother wrote a will years ago that states that her property would be divided equally between myself and my two children..

    Answered over 2 years ago.

    1. Israel Sands
    2. William H. Davie II
    3. Joseph Franklin Pippen Jr.
    4. James P. Frederick
    4 lawyer answers

    I think the Lady Bird Deed is a great idea, much better than a full life transfer. It keeps the property in your mom's ownership to avoid any creditor issues, yet provides for the house to receive new tax basis at her death, which should save on capital gains taxes when the house is sold.

    4 lawyers agreed with this answer

  8. How safe is paid up life insurance policy?

    Answered over 2 years ago.

    1. Israel Sands
    2. Daniel Tam
    3. John Michael Phillips
    3 lawyer answers

    To answer the estate planning part of your question, it depends on who the beneficiary of the life insurance policy is. If the beneficiary of the policy is the estate of the decedent, then the policy proceeds become part of the decedent's Probate estate, and are subject to any and all claims against the decedent. If the beneficiary or beneficiaries are natural people, then the policy proceeds are their personal property and are not subject to any claims, even if they are the only heirs.

    4 lawyers agreed with this answer

  9. My mom has a 83000 dollar medical bill from hospital. My father is self employed and they don't qualify for charity .

    Answered almost 2 years ago.

    1. Heather Morcroft
    2. Joseph Franklin Pippen Jr.
    3. Israel Sands
    4. Astrid de Parry
    4 lawyer answers

    I think if you negotiate with the hospital they will be glad to lower the price and give your mom a payment plan. If your mom did not have insurance and she was billed "retail" full price, the hospital would probably be delighted to get half, which is very often what the insurance companies pay. Do this through a local lawyer.

    3 lawyers agreed with this answer

  10. Trustee's Distributive Deed in Florida for homestead property

    Answered over 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Marshall C Deason Jr.
    3. Israel Sands
    3 lawyer answers

    Even if the trust doesn't specifically name contingent beneficiaries, in naming the beneficiary it might have added "or descendants or heirs", which is a roundabout way of naming successor beneficiaries. With all due respect for whoever drew up the trust agreement, if it doesn't name contingent beneficiaries I would take it to another lawyer for a fulll-scale review, top to bottom.

    2 lawyers agreed with this answer

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