Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. Should I shift real estate out of my name prior to filling out an affidavit about my assets or is accident date the factor?

    Answered about 1 year ago.

    1. Peter Scott Van Keuren
    2. Robert Edward Fenster
    3. Michael T Millar
    4. Seth Jason Greenhill
    5. Carol Anne Johnson
    6. ···
    14 lawyer answers

    While I generally agree with my colleagues, here I would be hesitant to encourage you to rely on your insurance company's attorney. If they are hired by the insurance company, it is their interests that they will be protecting. If those interests conflict with yours, you will lose out. Hire your own attorney to defend your assets in case of a lawsuit. As to shifting real estate to avoid reporting it as an asset - that is known as fraudulent conveyance and won't score you any points with the court.

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  2. What is better to protect own real estate properties, to have a living Will or to have a living revocable trust?

    Answered 15 days ago.

    1. Carol Anne Johnson
    2. Marshall C Deason Jr.
    3. Steven M Zelinger
    4. Barry Evan Haimo
    5. Cheryl Sellers Johnson
    6. ···
    6 lawyer answers

    First, let's get the terminology straight - a Living Will merely states your desires for end-of-life issues; a Last Will and Testament conveys property through a probate proceeding after you pass; a revocable trust can be used to convey property after you pass without probate but through the actions of a trustee who is (supposed) to follow the trust instructions. There are other avenues for getting property to potential heirs depending on the nature and value of the property. Don't make a snap...

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  3. Can My new husband just sign a waiver of his "elective share" in MY WILL? or should I do a POST-NUP?

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Adam Troy Rauman
    3. Christopher Quinn Wintter
    4. Kristen Pollard Marks
    4 lawyer answers

    What you are "thinking" of doing will be completely ineffective to obtain the results you seek. For pete's sake, hire a good trusts and estates attorney to draft your will and ask your husband to have HIS attorney draft him a post-nup that waives his rights to elective share, if you think he will do it. Or, better yet, draft a QTIP trust which will provide a life estate for him and leave the remainder, upon his death, to your two children. There are many options, none of which are what you are...

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  4. My mom died in 2010 I were her power of attorney, can I file a quit claim deed on her home I Lived with her to take care of her.

    Answered 8 days ago.

    1. Carol Anne Johnson
    2. Steven E Friedman
    3. Jacqueline Alicia Salcines
    4. Shelley Ann Elder
    5. Pamela Thea Higer Polani
    6. ···
    7 lawyer answers

    Any power of attorney that you had lost all its effect when your mom died. It is unfortunate that you did not take better care of such important documents, but if you were to draft and file a QC deed now, after the fact of your mom's death you would have to fraudulently sign her name to it. Not a can of worms that you want to open. You will have to open probate and the 6 of you will share in the house together. You can do a summary judgment since it has been so long, but you will still need...

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  5. If no election is made, does it automatically goes to Life Estate?

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Steven D. Beres
    3. Tatiana Kadetskaya
    3 lawyer answers

    How is your house titled? If you are both on title as tenants by the entireties or as joint tenant with right of survivorship, the home is wholly yours. If you are not on title, but the home is your homestead, then you automatically get a LE in the home after which the home will go to the child or their guardian if they have not reached the age of majority. Filing for election must occur within 6 months of your husband's death, should you wish to take that option. There are quite a few facets...

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  6. Is a person that left a home 25 years ago still entitled to it if the other person dies?

    Answered 4 months ago.

    1. Carol Anne Johnson
    2. Barry Evan Haimo
    3. Sabina Tomshinsky
    4. Ronald A. Cabanayan
    4 lawyer answers

    If she is on the deed she is an owner to the extent left her by the deed. Depending on how the deed is titled, i.e., tenants-in-common or joint tenants or joint tenants with right of survivorship, she now owns her part and maybe his, as well (JTWRS). The attorney probating his estate will be able to determine who rightfully owns the property and then can advise.

    12 lawyers agreed with this answer

  7. My parents had recently divorced when my dad passed away. They owned a home together, which my elderly mother still lives in.

    Answered 11 months ago.

    1. Carol Anne Johnson
    2. Celia R Reed
    3. John P Corrigan
    3 lawyer answers

    It depends. Who got the house in the divorce? If it was the wife, then the home is hers. Otherwise, there could be an issue. In Florida, the law is very harsh when it comes to ex-spouses. At the time of the divorce, she is considered, for all intents and purposes, to have pre-deceased him. The law was recently tightened up to include IRA's, 401K's, et al, requiring the holder of the IRA or 401K to "reaffirm" the ex as the beneficiary following the divorce, if that is the desire. If there is a...

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  8. I Have Wills, POA's and Living Wills - prepared in NJ by an Attorney. I now reside in Jupiter , FL. Do I need new docs?

    Answered 7 months ago.

    1. Ruth Elaine McMahon
    2. Carol Anne Johnson
    3. William Grady Nolan
    4. Joseph Franklin Pippen Jr.
    5. Robert Jason De Groot
    5 lawyer answers

    Yes, all your documents should be reviewed. All of the docs mentioned have state-specific requirements for validity. While Florida law may recognize a will or POA that is valid in another state, the institutions who need to rely on the document may not be familiar with the NJ requirements and will be hesitant to honor the document here. That doesn't mean that they will all need to be drafted newly, but have them reviewed by an estate planning attorney who can then advise you further.

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  9. My mom died November of last year. I recently found a will that she wrote and signed.

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. Richard Allan Heller
    3. Eileen D. Jacobs
    4. Anastatia Quirk Ellis
    4 lawyer answers

    I'm sorry you lost your Mom. To answer your question - maybe, but probably not. If she handwrote the will and signed it in the presence of two witnesses, who also signed the document, then it was properly executed. Better even if all the signatures were notarized by a FL-licensed notary public. Otherwise, it falls under what FL law terms "holographic" wills and will not be upheld in court. There are ways of proving wills through the courts, but they can be expensive and may not be worth it. As...

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  10. WE have a estate with real property valued at approximately 1.5 Million. We have will however do we need a living trust?

    Answered about 1 year ago.

    1. Francis S Leontitsis
    2. Charles Adam Shultz
    3. Paul Rudolph Miller
    4. Denise Leydon Harvey
    5. Joseph Michael Pankowski Jr
    6. ···
    10 lawyer answers

    Who told you that probating a will can take years?? Only if the will is challenged and/or is not validly executed. If you are comfortable doing so, you should speak with the attorney who drafted your wills and make sure that you have the originals where your personal representative can easily find them. Worse than trusting your estate to a will is having your family not be able to locate the original - which MUST be filed with the court. If you put it in a safe deposit box (which is a good idea)...

    11 lawyers agreed with this answer