Shawn C Newman’s Answers

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation since you are not my client, but I can provide you with general information that you may find helpful. In order for a change to a Will to be honored, it must be executed with the same formalities that the original Will. Such a handwritten note would not be respected by the Court. But you say you are listed as the beneificary already. The per stirpes designation would...

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation since you are not my client, but I can provide you with general information that you may find helpful. The decedent's estate is entitle to recieve payment for any debt after the decedent has passed. Generally, the estate adminstration would have an account that would be used to collect such items like security refunds, debt payments, etc. But it really depends on what this...

The answer is yes the personal representative Cancenta and ask her. The length of time that the escrow account is open really should be a matter of how complex the situation is, and if there are other potential creditor matters that need to be addressed. Without more details it's really impossible to give it a good answer to your question. The best advice that I have for you is to contact the attorney that is responsible for the probate administration and let him advise you regarding the...

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. If you do truly plan to let the house go back to the lender, you do not have to pay the taxes now. Just be aware that there is likely to be additional fees and charges that may be levied against your account by the lender. The best advice that I can recommend...

I would also suggest that you do as much reading on Guardianship as you can. This won't subsitute for the advise of your attorney, but it will help you be better informed and understand the process and expense associated with these types of proceedings. Guardianship law is controlled primarily by Chapter 744 of the Florida Statutes though local rules may influence a particular statute’s application. {28 Fla. Jur. 2d Guardian and Ward §5 (2004).} Procedures for all guardianship proceedings...

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. Generally, a person needs to have the same mental capacity to execute a Will. The fact that the person is physically disabled (and can not make a mark without assistance) is irrelevant to the person having capacity. In such situations, an attorney is likely to...

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. An irrevocable life insurance trust (an "ILIT") is an irrevocable trust created for the principal purpose of owning a life insurance policy. As with any other trust, the insurance trust is a contract between a grantor and a trustee to administer certain property,...

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. The best advice that I can recommend to you is to contact a local family law attorney that can work with you on your unique situation. Generally, when support obligations are fixed by court order, the expectation is that you will remain current with the obligation...

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. The best advice that I can recommend to you is to contact a local family law attorney that can work with you on your unique situation. Unless a parent gives up all parental rights, there is a support obligation for the child. Since your husband is not willing to...

Thanks for your question. Since I am an attorney, I cannot ethically give you specific legal advice on your situation, since you are not my client, but I can only provide you with general information that you may find helpful. The best advice that I can recommend to you is to contact a local Florida attorney that can work with you on your unique situation. Non-compete contracts are legally valid in Florida if they meet three conditions of reasonableness: 1) the scope of the duties or...