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Shawn C Newman

Shawn Newman’s Answers

230 total


  • When is it too late to have an estate audited for mismanagement?

    The executor did not probate my mother's will. Her heirs were not allowed to see the signed will or the total value of the estate (valued at over $600,000 before her death excluding the real estate. Real estate deeds (properties in Virginia and Fl...

    Shawn’s Answer

    Sometimes, families end up fracturing over their parents estate. It sounds as if there has been a failure in communication between you and your siblings over what happened with your mother's estate. You really need to think about speaking with an attorney that can specifically address your mother's estate issues. The following thoughts I would offer as general information in preparation of such a meeting with an attorney.

    First, you need to verify with the county records IF there was a probate administration (it is possible that your mother’s real estate was held in trust as well the rest of her property). Either way, there will likely be a probate administration or a notice of trust filed in the county where your mother was domiciled. If not, you could be right and there may never have been a probate administration opened.

    Second, you need to look at the deeds of the real estate to see if they were held by your mother in some sort of arrangement that would have passed the legal title to the property automatically upon her death. For instance, your mother may held the property as “joint tenants with rights of survivorship”, a life estate (which would extinguish her interest automatically upon her death) or again, as trustee of her revocable trust.

    Third, you need to find out if the original Will is still exists. There is nothing that actually forces a family to go through the process of probate in a timely fashion, but most people do ultimately have to take care of transferring the property eventually. If the original Will was destroyed, your mother’s real estate would be passed through the laws of intestacy. If you are correct that there never was a probate administration, there is no reason why a probate administration could not be started NOW.

    Fourth, you probably need to talk to an attorney that can handle the estate administration for you, or make further inquiries regarding the need for estate litigation based upon a determination of the facts in your unique situation.

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  • I created a last will and testament for my mom, i moved her to Miami from St. Louis. she signed the will in Miami.

    Is the will valid in Missouri if notarized in Miami

    Shawn’s Answer

    The answer is "it depends".... If you followed all the formalities required by the Florida statutes to create a valid Last Will and Testament, it is most likely a valid Last Will and Testament in Missouri. However, an estate plan is really only meaningful if it describes your life situation and the people who are meaningful to you - and there are no changes in the state or federal laws.

    Since your mom is moving to another state and away from the protections of Florida laws.... it would seem that this would be an appropriate time to reflect on her estate plan and contact an attorney in Missouri that can advise and assist your mother.

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  • Is a Notice of Trust required to be published in a newspaper in lee county, FL

    death occured in December, 2012

    Shawn’s Answer

    There is no statutory requirement to publish notice of trust. However it is generally a good idea to provide such a notice in case there are creditors so that they can be so reasonable deat with in a timely fashion. And as other attorneys have pointed out, this may also be useful in conjunction with any type of probate administration that will ultimately impact the trust.

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  • Florida: probate escrow account

    In Florida, if a decedent's case is in probate and the Per. Rep. learns that decedent did not pay taxes, can the personal representative set up an escrow account with money to pay back taxes? How long can that escrow account be kept open? If the...

    Shawn’s Answer

    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 particulars of the estate.

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  • Pinellas fl property appraser has a copy of husbands death certificate do I need to file one with clerk of court?

    we owned homesteaded property

    Shawn’s Answer

    It’s not clear from your question as to whether there will be a formal or summary estate administration – normally the deed (with the properly redacted social security number) would be recorded as part of the administration process in the county (or counties) where the decedent owned any real property.
    I think the best advice is for you to talk with a competent estate administration attorney about the entire situation to make sure that all of the proper actions are taken for your unique situation.
    Best Regards,
    Shawn C. Newman, Esq.
    Attorney At Law

    Law Office of Shawn C. Newman, P.A.
    710 N.E. 26th Street
    Wilton Manors, FL 33305
    (954) 563-9160

    Member in good standing and licensed to practice law in New Jersey, District of Columbia and Florida

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  • Here it is if an person was was issue and check for something that was made out to them and not to the estate of an decease

    would that person have to divide up the money with the rest of estate family

    Shawn’s Answer

    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 payment is for and what the circumstances are around why you have the payment.

    It might be best for your talk with an atotrney just to make sure that you don't find yourself responsbile to repayment of the funds that are not rightfully yours.

    Best of luck to you, Shawn C. Newman, Esq. Attorney At Law 710 NE 26th Street Wilton Manors, FL 33305 (877) 552-9385 Email: Shawn@ShawnNewman.com Licensed to practice law in New Jersey, Florida and the District of Columbia

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  • Do I need an attorney for probate law?

    Do I need an atty at probate court? I am listed as a beneficiary as "per stirpe". My uncle and aunt "found" a handwritten note by grandma saying she wants to remove the "per stirpe" item in her will. It is isn't witnessed, notarized. I am in an...

    Shawn’s Answer

    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 only change how the item would pass if you had predeceased your grandmother.

    There should be an attorney that represents the estate of your grandmother, but based upon your information, I am not sure that there is any issue and that distributions would be made as part of the normal probate process.

    Without more information, the best advice that I can recommend to you is to contact an attorney in your area and discuss the situation further. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship.

    Best of luck to you,
    Shawn C. Newman, Esq.
    Attorney At Law 710 NE 26th Street
    Wilton Manors, FL 33305
    (877) 552-9385
    Email: Shawn@ShawnNewman.com
    Licensed to practice law in New Jersey, Florida and the District of Columbia

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  • Can I still get the money?

    My mom passed away two years ago but she die and was buried outside the USA, I am her only child , am I allow access to her bank account. She die from cancer and she was receiving a social security check every month if the money is still there can...

    Shawn’s Answer

    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.

    Your course of action is really going to depend upon several issues: what other assets are there, did your mother have a Will (meaining dying testate) or without a Will (meaning dying intestate). If there is a small amount of money in the account, you may be able to retrieve it in Florida by hiring an attoreny to perform a summary adminstration (which costs less and is quicker than formal adminstration).

    Generally, Social Security benefits are paid for surviving the month. As soon as Social Security is noticed that your mother passed, they would have stopped social security payments and most likely "swept" any overpayments out of the account.

    Without more information, the best advice that I can recommend to you is to contact an attorney in your area and discuss the situation further. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship.

    Best of luck to you,

    Shawn C. Newman, Esq.
    Attorney At Law
    710 NE 26th Street, Wilton Manors, FL 33305
    (877) 552-9385
    Email: Shawn@ShawnNewman.com
    Licensed to practice law in New Jersey, Florida and the District of Columbia

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  • It's better to buy property under Corp or LLC if I don't my name to be in public record?

    Or just buy the property then put in to the revocable trust, and name my son to be the beneficiary . So my so called husband can't claim half of what I have.

    Shawn’s Answer

    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.

    There are several ways to achieve what I think you are asking for - privacy of ownership but at the same time control during your lifetime of the real estate investment. Based upon your concern regarding your husband's potential claim - I think you need to consult with an attorney in your area that can explain the differences between spousal or elective share, revocable/irrevocable trusts, gifting programs, business entities as well as help you work through a meaningful solution to address all of your concerns.

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  • What entities (private residential, nursing home, alf) require preplanning funeral/burial arrangements by Florida State law?

    I am a preneed counselor and have recently come across a situation where preplanning was required of a residential care home (private residence, 7 residents, 1 caregiver/owner). Is this the norm? If so, what facilities or "homes" require this? ...

    Shawn’s Answer

    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.

    There currently isn’t a state law requiring documents to be signed prior to admission. However, most care facilities will require proper financial and healthcare surrogacy documents to be in place, as well as who in the family will be responsible for making decisions regarding disposition of bodily remains. Florida Statutes §§406.50-406.61 provide guidance as to the priority and how disposition of bodily remains will be handled, if these decisions are not made in advance.

    Without more information, the best advice that I can recommend to you is to contact an attorney in your area and discuss the situation further. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship.

    Best of luck to you, Shawn C. Newman, Esq. Attorney At Law 710 NE 26th Street, Wilton Manors, FL 33305 (877) 552-9385 Email: Shawn@ShawnNewman.com

    Licensed to practice law in New Jersey, Florida and the District of Columbia

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