Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. How do I get my fathers will notarized?

    Answered almost 2 years ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Adam Troy Rauman
    4. Gene Edward Adkins
    4 lawyer answers

    I'm so sorry to hear about your father's condition! As mentioned, FL law does not specifically demand that a testator's signature be notarized. The only time that the witnesses would have to be located and deposed is if there is a challenge to the will's validity. If that is a concern, and your father is lucid and competent (is he conscious?) you can hire a mobile notary to come to the hospital and watch him sign the will again in the presence of two witnesses. Then, the potential challenge...

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  2. My parents left me the family home in their will, now my brother wants the home, is he entitled to it?

    Answered almost 2 years ago.

    1. Adam Troy Rauman
    2. Jonathan J Goldberg
    3. Carol Anne Johnson
    4. Joshua Eli Adams
    5. Evan W Turk
    5 lawyer answers

    I agree with Attorney Pippen - in response to your question, if your parents left the home to you in their will it belongs to you. Your brother cannot dictate your parents' wishes and if he is unsatisfied with what was left to him, he can sell it. He cannot simply move into your property, regardless of what he claims unless he has an ownership interest that either precedes yours (on title with your parents) or is simultaneous to yours (left an equal share of the home in the will). If your...

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  3. Can I make a will for my sister in law?

    Answered about 2 months ago.

    1. Sabina Tomshinsky
    2. Carol Anne Johnson
    3. David Michael Goldman
    4. Harley Herman
    5. Michael Alfred Hollander
    6. ···
    6 lawyer answers

    First off, you are NOT related. As a widow of her deceased brother, you have no legal relationship for succession purposes with your sister in law. Second, if she is so incapacitated that she cannot understand the legal process of making a will, she will not be able to draft a will - even with an attorney. Third, yes, the "distant" family members can, and probably will, come after you as they are her legal heirs. Again, having a power of attorney would make you an agent of hers - not just...

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  4. If you own a home prior to marriage. Is your spouse entitled to half the property?

    Answered 3 months ago.

    1. Carol Anne Johnson
    2. Jacqueline Alicia Salcines
    3. Heather A. Patchen
    4. David Luther Woodward
    5. Marc L. Shapiro
    6. ···
    6 lawyer answers

    If you choose to divorce in Florida, which is not a community property state, then the answer is most likely "no". However, the court will look at what occurred after the marriage with regards to the home; i.e., were marital funds used to pay the taxes and maintenance or repairs?, how was the house titled?, was the income from the rent used for marital purposes?, and, ultimately, when you homesteaded the property, did you re-title the property with your wife as 'tenants-by-the-entireties'?...

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  5. Our will and living trust was written in Illinois. We are now residents of Florida.

    Answered 6 months ago.

    1. Carol Anne Johnson
    2. Frank Joseph Tylman Jr.
    3. Joseph Franklin Pippen Jr.
    4. Alan James Brinkmeier
    4 lawyer answers

    If they were created properly by a trusts and estates attorney in Illinois and were executed with proper IL formalities, then they will both be valid in Florida. However, as Attorney Tylman mentions, if you have a homesteaded property in Florida that you wish to put in the trust, Florida requires some very specific language in order to maintain your tax exemptions and homestead status for the property. While the trust and will probably won't have to be completely re-drafted, I would suggest...

    8 lawyers agreed with this answer

  6. I have an inheiritance coming from a trust. When real estate is sold then the money is distributed. If I divorce does she getany

    Answered 7 months ago.

    1. Carol Anne Johnson
    2. Betty Elaine Jones
    3. Gary Roger Waitzman
    3 lawyer answers

    It depends. If you keep your inheritance assets in a separate account and NEVER, ever commingle the funds with anything remotely marital, then you will be fine. However, the minute you use the money to pay off marital debts, renovate your marital home, etc., then she can argue that the inheritance has now become a marital asset. It sounds like a divorce is already in your future or you wouldn't be worried about it - easiest to have the money put into a trust for you and then just leave it...

    8 lawyers agreed with this answer

  7. Does my family need to hire an attorney to settle my mom's will? She is debt free, the will equally divides amongst 4 siblings.

    Answered 9 months ago.

    1. Dana Laganella Gerling
    2. Carol Anne Johnson
    3. Joseph Franklin Pippen Jr.
    4. Eileen D. Jacobs
    5. John Arthur Smitten
    5 lawyer answers

    Unless the investments and banking accounts are TOD or POD, you will have to have an attorney file a probate proceeding for you. Florida law requires an attorney do the filing for formal administration of estates valued at more than $75K, and for summary administration where there is more than 1 interested party - here, there are 4. So, go to the AVVO Find a Lawyer tab. Most of us in your area offer free initial consultations. Probate is a very personal process and you should be comfortable...

    8 lawyers agreed with this answer

  8. I was appointed administrator of my mother's will. The only item to probate will be her life insurance. How long do I have?

    Answered 9 months ago.

    1. Carol Anne Johnson
    2. Paul A. Smolinski
    3. Christian K. Lassen II
    3 lawyer answers

    I am sorry for your loss. You will probably continue to get medical bills presented until you file probate and they present their claims against the estate. Why does her life insurance need to be probated? That should only be the case if there was no named beneficiary or the named beneficiary pre-deceased your mom. Unless you are the sole interested party, you will need to hire a probate attorney - even to file for summary administration. They will know what to do with the life insurance...

    8 lawyers agreed with this answer

  9. My dad is dying, and I suspect my 3 sisters are cutting me out of my inheritance. What practice area is this? He is in Florida.

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. Astrid de Parry
    3. Joseph Franklin Pippen Jr.
    4. Dennis Michael Phillips
    5. Robert P Garven
    6. ···
    6 lawyer answers

    I am not sure why you think your sisters have anything to do with your inheritance from your dad - it is HIS will, not theirs. If you suspect that they are unduly influencing him and that he may cut you out of the will, you should a) speak to your sisters and address the issue, or (better) b) spend some quality time with your father. I hate to see a family waste time bickering over an inheritance that has not yet come to pass. Your father is still alive. Enjoy him while you can.

    8 lawyers agreed with this answer

  10. No will; individual has declining lung capacity;what are alternatives if individual not able to complete will due to incapacity

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. Daniel Charles Parri
    3. Dennis Michael Phillips
    3 lawyer answers

    Basically, the answers are "no" and "no". However, if the incapacity is merely physical, Florida law allows for another to sign for the physically incapacitated individual under very exacting formalities. The drafting of the will should (of course) be done by an attorney to the specifications of the testator and then the execution can be done as I mention above. If the incapacity is also mental, then it becomes more difficult as a determination of mental capacity is required for the will to be...

    8 lawyers agreed with this answer