Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. Can i get sued for starting a lawsuit and then not wanting to go through with it after a couple of years ?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Paul S Vicary
    3. Lawrence Joseph Marraffino
    4. Sagi Shaked
    4 lawyer answers

    Before you walk away from a legal matter that you started, you need to be aware of a couple of things. This is not just a "boy cried wolf" scenario where everyone shakes their heads and wags their fingers at you. Over the past two years since you have filed the lawsuit, the school system has undoubtedly incurred a great deal of legal expense in preparing to defend your suit. That is money that they have to pay their legal team! What your lawyer can or should receive will be based on the...

    11 lawyers agreed with this answer

  2. In Florida, is there a minimum percentage of an estate that a spouse should expect or, if less, may challenge the will?

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. Cindy M Campbell
    3. Will Murphy
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    No. There is no established minimum. If the decedent is intestate and the situation is as you describe, the distribution will be thus; 50% to the spouse, 50% to be split between the children of the decedent; homestead property can either be split 50-50 between spouse and decedent's children, or the spouse can elect to take a Life Estate and then, upon death, the remainder goes to the children. Florida law DOES allow a spouse that is not provided for in a will an elective share of the estate,...

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  3. My elderly mother's lawyer will not respond to her requests to review her Will.

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Barry A. Stein
    3. Francis S Leontitsis
    3 lawyer answers

    It may be difficult to change lawyers for her, but honestly - if you truly believe "some shady dealings" are afoot, do you really want this lawyer managing her affairs?? If SHE truly wants an estate review, which is entirely up to her, SHE needs to find an elder law attorney in her area that will come to HER. There are quite a few of us out there as we understand how much easier it is on our clients of advancing years to be counseled in the comfort of their own homes, rather than endure the...

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  4. Can a Condo Association put a lien on a property which is main residence/ Homestead?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Marshall C Deason Jr.
    3. Barbara Billiot Stage
    3 lawyer answers

    The answer to both your questions is "Yes." While the Florida Constitution protects homesteaded property against most creditors, there are exceptions for back taxes, mortgages, condo and homeowner association fees, and mechanics liens. They can not only put a lien on your property, they can initiate a foreclosure if the lien remains unpaid. Either pay off the association fees or seek the advice of a HOA attorney if you feel the fees imposed are in violation of the CC & Rs.

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  5. I owe a deceased person 10,000 dollars. The children have not opened probate. Who do I pay

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Keith G Langer
    3. Hollyn June Foster
    4. Truman John Costello Jr.
    5. Alan James Brinkmeier
    5 lawyer answers

    You may be in breach of contract but not to the child since you had no contractual relationship with him. You do NOT owe the child the money. You owe it to the deceased person, ergo, their estate. Either make the payments to the deceased person, himself, or to his estate - not to the child.

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  6. Conflicting issues pertaining to the current intestacy laws in FL

    Answered 11 months ago.

    1. Carol Anne Johnson
    2. Joseph Franklin Pippen Jr.
    3. Steven M Zelinger
    3 lawyer answers

    How is there an "executor" (actually, "personal representative" in Florida) if probate has not been opened? As mentioned by Attorney Pippen, jointly owned assets titled with right to survivorship now belong solely to the surviving joint owner (usually the spouse). Where there is no will and the spouse (and the couple's mutual children) are the living heirs, the entire estate would go to the surviving spouse. Where there are children of the deceased who are not the offspring of the surviving...

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  7. I live in FL and would like to sell my house. My ex signed a quit claim deed to the property. Is he entitled to any profit?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Marshall C Deason Jr.
    3. Cheryl Rivera Smith
    4. William Charles Rosenfelt
    4 lawyer answers

    Whether or not your ex has any claim to the profits you realize from the sale of the property is a factor of what your settlement agreement states. If he has quit claim his interest to you as part of your divorce settlement, and there is no stipulation that he should receive part of the sale proceeds, then I would hazard to guess the answer to be 'no'. However, in an abundance of caution, you should either make a phone call to your divorce attorney or seek the consult of another attorney to...

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  8. My ex signed a quit claim deed at final hearing. I was not asked to sign and over a month later has not been notarized or filed

    Answered about 1 year ago.

    1. William Charles Rosenfelt
    2. Carol Anne Johnson
    3. Lee Alan Thompson
    3 lawyer answers

    OK. Like my colleagues who have answered before me, there are several hair-raising issues in your question; among the most egregious of which is signing a document and being told it would be 'notarized asap' - the ONLY time a notary is valid is if the notary is PRESENT WHEN YOU SIGN!!! This smells like malpractice to me, both on the part of the attorney and any notary that would sign and seal any document where they did not witness the signing. Both my colleagues gave excellent advice. I,...

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  9. Duties of a Florida probate attorney

    Answered 2 months ago.

    1. Carol Anne Johnson
    2. Shelley Ann Elder
    3. Robert Jason De Groot
    4. David Michael Goldman
    4 lawyer answers

    The probate attorney's duties are to assist the personal representative in the administration of the estate. That includes filing all the necessary documents with the court and advising the PR as to their next steps. Mostly, it is a matter of contract between the PR and attorney. The PR has a long list of duties to perform in the administration of an estate and they can negotiate to have some or all of those done by their attorney - but, it will cost more to have the attorney do the PR's job....

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  10. When a loved one dies, who gets most of the money of insurance- spouse or children?

    Answered 4 months ago.

    1. Carol Anne Johnson
    2. Leticia L Valdes
    3. Jeffrey B. Lampert
    4. David Michael Goldman
    5. Christian K. Lassen II
    5 lawyer answers

    If the insurance policy names the widow as the sole beneficiary, then she is correct - the money is all hers. Insurance policies pass outside of the estate unless the estate is named as a beneficiary or there is no beneficiary and the estate is the default.

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