My grandmother passed away and my mom gave me a copy of a will with my name on it for house her my name is incorrect on the will how can I find out if this will is real or fake. I think my mom had the will changed when my grandmother was put into...
Attorney Harvey gave you an excellent response. I would only add that just because the house has been devised to you does NOT mean that you assume the debt your mother took on. In fact, the loan may not be valid at all, if your grandmother was not competent to make such a loan and your mother was not her Power of Attorney. Do you have a copy of an original will that your grandmother had? I find it strange that your mother would not know your name, but maybe... Hire a good attorney to review your options.See question
I requested by registered letter 30 days to present to me an accounting of estate. Can I proceed to a probate judge myself if she does not comply.
Hire an attorney immediately if you have ANY evidence that what you are saying is true. If it is just a "feeling" you should still speak to an attorney about those feelings and see what they have to say. You don't want to go this alone. In fact, in FL, if the estate is in probate, an attorney will be required. Typically, too, a "lawyer letter" demanding an accounting is given much more weight (by the PR) than is a letter sent by a sibling.See question
A probate/real estate lawyer has represented two sisters in real estate dealings for 2 years. Just recently my dad passed away (I am the third sister) The same Lawyer was just hired by my older sister (named as PR in the will) as her legal counsel...
The lawyer for the PR is there to assist with the probate proceedings and does NOT represent the beneficiaries. In your sisters cases, unless there is a waiver, the same attorney should not represent both, but it appears that they are unconcerned about the conflict. That said, as both my colleagues have expressed, you really should hire your own attorney to represent you. The PR's attorney is not responsible for answering any of your questions as they don't represent you. They are responsible for ensuring that the conduct of the PR and the probate of the estate is legally proper. Period.See question
I am a believer in the right to pursue privacy; in the digital age, its getting challenging. I own some very modest property in a trust. I would like the trust address to be an attorney's office and to receive limited essential...
After reading your comments to Attorney Kelly's suggestion about a P.O. Box, I see that you have a misunderstanding about what the federal mail privacy laws entail. First off, as you stated - if the attorney is only needed to chuck your mail into an envelope, what is the difference in a postal worker putting your mail into a box? You are making this entirely too complex. Do you think the postal workers are going to open your mail? Attorney-client privilege is NOT triggered by acting as a mail delivery service. And, if you are expecting mail service that is furthering a crime (which it sort of sounds like), your attorney cannot be a part of that (crimes in the past, they must keep confidential, but not intended crimes). Just get a PO Box. Or, be prepared to put an attorney on retainer and pay them an hourly rate to process your mail.See question
My mother still has a mortgage with wells fargo, we earn enough money to keep the home, however neither one of us have enough good credit to get our own mortgage. Can we keep paying on the mortgage in my mothers name, not change the mortgage and c...
I'm sorry to hear that you lost your mother! Wells Fargo is interested in getting the mortgage paid - so, if you continue to pay it, there shouldn't be any issues. The only time you may have some difficulty is when / if you need information about the loan and you do not have your mother's login information or know the answers to her security questions. If the loan is paid on time, and you are still able to receive any loan docs that WF may continue to send to your Mom's address, you should be fine. Trust me - the bank is far more interested in getting the loan paid than in who is actually paying it.See question
My husband and I want to separate, but do not want to divorce. I'd like to have a court ordered timesharing plan established, to keep everything in order. Can one establish a parenting plan without a divorce?
Yours is an excellent question - if you were in a state that recognizes "legal separation" the answer would be - Of, course! However, being in FL, as mentioned, you should both have an agreement drafted by your attorneys (each should have their own) or go through a mediation to create an agreement. You don't mention the ages of the children - if they are old enough, the court would want their desires to be a factor that is considered. It is public policy in this state that parents share equally in the rearing of the children, even when separated or divorcing. I would speak with a family law attorney about getting a time-share / child support plan sanctioned by the court, which would then have continuing jurisdiction over the matter. I believe that divorce and custody matters are sometimes bifurcated, which means that the court should be willing to hear one without the other. Good luck.See question
My mother passed away in 2013 and left a will giving what she believed was her half of a property in Ponce Inlet, Florida to her children . She was married. The deed for property is titled with her name and her husband's name only, no other word...
No, you can't. The title company takes the proper titling of the deed from the contract for sale and purchase. If she specifically notified them, in writing, prior to the purchase of the home, then maybe. But, even if, in FL, if the property was the homestead of her and her husband, he has a right to his share of the property REGARDLESS of how it was titled. If the property was NOT their homestead, then there may be a different result, but without seeing more than your question it is impossible to tell. See an attorney.See question
I would like information on ssi and marriage. And if it is even possible for us to be married. Also if we cannot can I change my last name without a license of marriage
Your income will be imputed to him. However, if you change your last name to his, without the benefit of marriage, you will not be considered married in FL no matter how long you are together - FL does NOT recognize "common-law marriage". So, if you do something like this, you will have to understand that if he passes, you will not get any of the benefits of being a spouse. Not a good idea.See question
or I can buy a will form and do it myself
Yes, you should use an attorney, particularly if you want to make sure that your assets transfer to the proper family members / friends, as you desire. What an off-the-shelf will won't give you is the ability to ask "what if?" or "how can I do ____?" - which a lawyer can and will. Also, a lawyer will point out the problems that may result from using a poorly drafted "one-size-fits-all" will. If, however, you don't really care who gets what, then it may be best to just let the state decide and not have a will at all.See question
My husband fears that if he has Medicaid, that they will force repayment of all money spent on him for his medical care someday by putting a lien on our home, jointly owned, and collecting when the home is sold someday by the surviving spouse or w...
There are ways to protect property; homestead, while your husband is alive, and even after he passes. But, FL law allows for Medicaid Recovery, such as described here: http://www.medicaid.gov/medicaid-chip-program-information/by-topics/eligibility/estate-recovery.html You should seek the advice of an elder law or special needs attorney to help you determine how best to protect your assets.See question