David Francis Hanley’s Answers

David Francis Hanley

Fort Lauderdale Probate Attorney.

Contributor Level 8
  1. How to open an estate when the will pours all assets in to a trust?

    Answered almost 4 years ago.

    1. Evelyn Watts Cloninger
    2. David Francis Hanley
    3. David Michael Goldman
    4. Jeffrey David Katz
    4 lawyer answers

    As others have stated, if there are assets owned in the individual's name on his or her date of death, then an estate administration will likely be required (to probate the "pour-over" will and transfer the assets into the trust). If the decedent had established and placed their assets into a revocable living trust during his or her lifetime, the trustee may still be required to pay expenses of administration of the decedent's probate estate, enforceable claims of the decedent's creditors...

    1 lawyer agreed with this answer

  2. What right do I have as a 10% partner who was never offered any written partnership agreement only received 10% stock?

    Answered over 3 years ago.

    1. Marshall C Deason Jr.
    2. David Francis Hanley
    2 lawyer answers

    You should consult with a local business attorney experienced in enforcing minority shareholder rights. The Florida Statutes provide statutory protections for minority shareholders to protect against the very types of actions you describe, and depending on the facts of your case, you may potentially be entitled to other protections under applicable law (such as labor law and intellectual property rights). The only way to know for sure is to discuss all the facts with a good attorney. I would...

    1 person marked this answer as helpful

  3. How many members of a corporation can be exempt from workmans comp?

    Answered over 3 years ago.

    1. Kenneth Brian Schwartz
    2. David Francis Hanley
    3. Gerald Gregory Lutkenhaus
    3 lawyer answers

    Key Exemption Eligibility Information An individual, as an officer of a corporation, who elects to be exempt may not recover workers’ compensation benefits. Eligibility requirements and documentation which must be submitted with the exemption application are detailed in 440.05 and outlined below. Non-construction industry corporate officer: 1. The corporation must be registered with the Florida Department of State, Division of Corporations -- Florida Statutes 440.05 2. The applicant...

    1 person marked this answer as helpful

  4. I have power of attorney for my husband (dementia patient). Where do I register / record this to refinance mortgage?

    Answered over 3 years ago.

    1. Evelyn Watts Cloninger
    2. David Francis Hanley
    3. Blaise E. Picchi
    4. Thomas F. O'Connell
    4 lawyer answers

    I agree with the prior attorneys. You should proceed to record the “original” power of attorney in the county where the property you are refinancing is located, so that the title examiner can locate it during his or her title examination. The “original” power of attorney will be returned to you once it is recorded in the Official Records. If you think this post was helpful, please check the thumbs up (helpful) tab below. Thank you! Disclaimer: Please note that the above is not intended...

    1 person marked this answer as helpful

  5. Florida - Regarding Disposition of Personal Property without Administration

    Answered almost 4 years ago.

    1. David Francis Hanley
    2. Joseph Franklin Pippen Jr.
    2 lawyer answers

    Assuming your father's final expenses (funeral and medical bills for the last 60 days) have been paid and exceed the amount in his checking account, then you might qualify for Disposition of Personal Property Without Administration under Section 735.301, Florida Statutes. Otherwise, a Summary Administration will likely be required. Basically, this type of administration is a reimbursement to the person who paid the final expenses. You can not profit from this type of estate. For example,...

    1 person marked this answer as helpful

  6. Can u live in a house that is going thruogh probate

    Answered almost 4 years ago.

    1. Dan W. Armstrong
    2. David Francis Hanley
    3. Daniel Kenneth Printz
    3 lawyer answers

    Generally yes. I assume it is not a "squatter" living in the house, but either the Personal Representative or a beneficiary of the estate? You should be able to check the County land records online to determine who the County is showing as the legal owner. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of...

    1 person marked this answer as helpful

  7. Can property be legally transferred to an LLC that has been stricken from the Florida State records?.

    Answered over 3 years ago.

    1. Marshall C Deason Jr.
    2. David Francis Hanley
    3. Andrew Daniel Myers
    3 lawyer answers

    I agree with the prior attorney. Once an LLC is formed, it is never stricken, but may be administratively dissolved for failure to file an annual report. It is likely that the company was administratively dissolved, and then later reinstated. Business entities may reinstate by filing a reinstatement application and paying the applicable fees to the Florida Department of State. When the reinstatement is effective, it relates back to and takes effect as of the effective date of the dissolution....

  8. Redomicile or Form a New LLC?

    Answered over 3 years ago.

    1. Marshall C Deason Jr.
    2. David Francis Hanley
    3. Bryant Keith Martin
    3 lawyer answers

    You should be able to accomplish your objective by filing a Certificate of Conversion with the Florida Department of State converting your Illinois limited liability company into a Florida limited liability company. The cost is about the same as forming a new company, but the benefit is that you can likely continue to utilize the Illinois company's uninterrupted "history," as well as its tax identification number, which may or may not be important to you. If you think this post was helpful,...

  9. What happens if I am an executor of an estate and I paid out to beneficiaries before debts were paid nad now I cannot recover ?

    Answered almost 4 years ago.

    1. Joseph Warren Cannon Boyles
    2. David Michael Goldman
    3. Dan W. Armstrong
    4. David Francis Hanley
    4 lawyer answers

    Based on what you have outlined, you are potentially liable for the improper payments. You should seek Florida probate counsel as soon as possible to see if you can work out a satisfactory resolution. Disclaimer: Please note that the above is not intended as legal advice, but is intended for educational purposes only. No attorney-client relationship is created, or is intended to be created, hereby. Do not act or rely upon the information in this communication without seeking the advice of...

  10. Can i sell my interest as a beneficiary in a irrevocable trust for propeties to be sold in Florida.

    Answered almost 4 years ago.

    1. Dan W. Armstrong
    2. David Francis Hanley
    3. Darl C. Gleed
    3 lawyer answers

    Probably not. Most trusts contain "spendthrift provisions" which state that a beneficiary may not assign, transfer or encumber (put a lien on) any interest in the trust property prior to the distribution of the property to them. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be...