Russell Robert Winer's Answers

Can I file my own summary of administration form ? after my mother passed I kept paying the house insurance.

This won't help with the ownership of the home, but if all you need is to deposit the check, "Disposition of Personal Property without Administration" may work. If the decedent’s estate consists only of (i) personal property exempt from the claims of creditors under Section 732.402, Florida Statutes; (ii) personal property valued at up to $1,000.00 exempt from the claims of creditors under Art. X, § 4(a)(2) of the Constitution of Florida; and (iii) nonexempt personal property the value...

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I live in Kansas and my dad lives in Florida is it possible to get guardianship over him and he still live there?

If you do not promptly respond to a petition for appointment, then the Court has no way of knowing that you are involved and will likely appoint your aunt and/or grandmother. It's urgent that you contact an attorney, or at least the Clerk of the Circuit Court, and obtain a copy of all the pleadings that have been filed so far. If you are serious about serving as Guardian, you should come to Florida right away to check on your Dad. If you are not able to come to Florida, you can see where...

Emancipation

Yes, marrying will make you an adult, legally. Fla Statute 743.01 "Removal of disabilities of married minors" The disability of nonage of a minor who is married or has been married or subsequently becomes married, including one whose marriage is dissolved, or who is widowed, or widowered, is removed. The minor may assume the management of his or her estate, contract and be contracted with, sue and be sued, and perform all acts that he or she could do if not a minor. Russell R. Winer...

How do I obtain legal guardianship of my 15-yr-old niece, who came to live us, from out-of-state, 6 months ago?

If you can't get Department of Children and Families to start a dependency proceeding, then you could file for a Guardianship. A guardianship of a minor is commenced by the filing of a petition for appointment of guardian. A parent, brother, sister, next of kin, or any other person interested in the welfare of a minor may serve as petitioner. F.S. 744.3021(1). The requirements for the contents of the petition are contained in F.S. 744.334 and Rule 5.555(c). The contents of the petition will...

Can we petition the courts ourselves to have a long term but aging trustee replaced with one of our chosing?

The Florida Trust Code, with the exception of certain mandatory provisions, provides that the settlor’s intent as expressed in the terms of the trust prevail over the provisions of the Code. F.S. 736.0105(2). Provisions for trustee removal and replacement are permissible under the Code. Since we don't have the benefit here of seeing the Trust, the analysis moves to the reasons for removal. The general rule is that removal of a trustee must be predicated on the trustee’s incapacity or on a “...

[Name omitted], a wealthy businessman, befriended a man who over a period of more than ten years did everything

Assuming this is a Florida matter, Fla Stat 732.701 governs Agreements concerning succession and states in Paragraph (1) “No agreement to make a will, to give a devise, not to revoke a will, not to revoke a devise, not to make a will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two attesting witnesses.” So the statement that he would change his will looks like a losing argument. As far as...

I am buying rental property in fl cash should I deed it to my trust or to me then quit claim deed it to the trust

Normally you would buy the property as "Your Name, Trustee, of the ________________ Trust, under agreement dated _______________, with full power and authority to protect, conserve and to sell, or to lease, or to encumber, or otherwise manage or dispose of the real property described herein" The link below is to a longtime Florida attorney that has written a book on Florida Land Trusts and serves as Trustee as well. You ought to take a look at his site.

Do you agree with what the attorney is telling me re: vesting the title in equal thirds?

I don't get the impression that "the lawyer" represents the Rockledge, FL person who posed the question, so there's no ethical implications for answering the question. We do need more information. If any of your Mom's kids were under 18 years old at Mom's death, then yes the homestead would go equally to all the kids, and the will would not control the disposition. Under those facts, she could have left the house 100% to you in the will and it would not count.

Wife dies but we're seperated. What am I entitled to?

If there was no will, you are entitled to petition for and be appointed Personal Representative of her Estate. You are entitled to a fee for your services, assuming there are any assets. Once you are appointed Personal Representative you would have authority to obtain financial information such as life insurance information. If she purchased the life insurance through a group plan at work, the Federal law ERISA will come into play and may be very helpful for your case. You also have a claim to “...

Can grandparents get custody after mother dies and the father hasnt been around for about 5 years

When third parties petition to be guardian of a minor child residing with them, a natural guardian’s custodial rights mandate that the court consider the natural guardian first if there is a contest. F.S. 744.312 An uncontested case is easy. It's a $235.00 filing fee for Guardian of the Person of a minor, and if the parent can't be found, or if that parent can be found and consents, the whole process can be concluded in 60 days. You describe a contested matter. In In re Guardianship of D....