Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. A unmarried man dies, no will, who inherits his mother or adult daughter?

    Answered 11 months ago.

    1. Adam Stephen Towers
    2. Carol Anne Johnson
    3. Dana Laganella Gerling
    3 lawyer answers

    Daughter would inherit.

    8 lawyers agreed with this answer

  2. My spouse died without a will. what happens to the house that is in his name only. we have two kids. who gets the house?

    Answered 11 months ago.

    1. Brandon Robert Bytnar
    2. Carol Anne Johnson
    3. Robert Jason De Groot
    4. Lee Alan Thompson
    4 lawyer answers

    Just my opinion, but your daughter needs to take a step back. If there is no will and there is greater than $75000 in assets, you will need to begin probate proceedings with an attorney in your county. Florida's intestate succession laws say that where the survivors are a spouse and the only children are those of the couple, the spouse takes 100% of the estate. If your husband has intended your daughter to get the house, he would have needed to create a will or put the home in trust for her...

    8 lawyers agreed with this answer

  3. Truck in my wife name .worth 3,000 she.pastaway 3 years.can I do the probate myself,or get reasonable help.need to know process

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Christopher Quinn Wintter
    3. Eileen D. Jacobs
    4. Sean Patrick Lewis
    4 lawyer answers

    As Attorney Wintter instructs, you do NOT need to do a probate. But, you will probably have to bring a copy of her death certificate to the DMV in order to get the truck retitled.

    8 lawyers agreed with this answer

  4. Does a non relative have to be a Florida resident to be an executor of a Florida will? How do I find a firm then that can write

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Charles Adam Shultz
    3 lawyer answers

    In Florida, the term is Personal Representative. No, they cannot be a non-resident if they are not a close relative or spouse. If they are a business, they must be registered in Florida. The best way to find a good attorney to draft your will and agree to administer your estate, either as PR or as probate attorney, is to contact your local Bar association for a referral, click on the Find a Lawyer link in AVVO, or ask a few friends who have recently gone through the process. AVVO community...

    8 lawyers agreed with this answer

  5. If i die can my kids take the house from my wife

    Answered about 1 year ago.

    1. Robert Jason De Groot
    2. Carol Anne Johnson
    3. Jeffrey B. Lampert
    4. Michael S. Haber
    4 lawyer answers

    Not if she is on title with you. If you fear that they may try to do so, you can also write a will that leaves everything to her, if you wish.

    8 lawyers agreed with this answer

  6. I am new to the area and need estate planning. One initial concern that I have is adding my daughter to my home.

    Answered about 1 year ago.

    1. Shawn Michael Yesner
    2. Gregory Herman-Giddens
    3. Carol Anne Johnson
    4. John P Corrigan
    5. Joseph Franklin Pippen Jr.
    6. ···
    6 lawyer answers

    You are correct to be concerned. As my learned colleagues have all mentioned, there are several options for estate planning that can both avoid probate and provide the protection of assets that your (and any) estate needs these days. There are quite a few of us trust and estate attorneys in the Pinellas/Pasco corridor and any of us would be happy to assist you and explain the various options that are available to you in this matter.

    8 lawyers agreed with this answer

  7. My uncle changed my mothers will without my knowledge I am her only daughter

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Brian Mitchell Mekdsy
    3 lawyer answers

    First off, your Uncle cannot change your mother's will - she has to have done so herself. If you believe that she was not competent to make such a change and that he may have exerted undue influence over her change to the will, then you will need to hire (IMMEDIATELY) a good probate litigation attorney to represent your interests in the matter. Do you have the original will or a copy of it? If so, your attorney will want to review the old will against the new will to compare signatures,...

    8 lawyers agreed with this answer

  8. My mother and my grandmother died and I want to see if they had me in there will what shall I do

    Answered about 1 year ago.

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

    I am so sorry for you losses! Is there anyone in your family that is taking care of the estates for your mother and grandmother? If so, they have probably already filed the will(s), if they exist, with the clerk of the county in which they last resided. By law, this is supposed to happen within ten days of their respective passing. If there is no will on file for either of them, it may be lost or non-existent, in which case, you will inherit according to Florida's intestacy laws. If no one is...

    8 lawyers agreed with this answer

  9. WILLS in Florida - do they all have to go to probate?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Joseph Franklin Pippen Jr.
    3. Jeff Tomberg
    4. Dennis Michael Phillips
    5. Celia R Reed
    6. ···
    6 lawyer answers

    Yes, they do. Plus, the original will itself must be filed with the clerk of the court within 10 days of your death. Depending on the size of your estate, probate can be either formal or summary. If you are concerned, you should seek the advice of an estate-planning attorney who can review your situation and propose other options for your estate administration goals.

    8 lawyers agreed with this answer

  10. Should I consider preparing my own Irrevocable or Living Trust document on line?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Michael Leo Potter
    3. Andrew Vincent Coviello Jr.
    4. Charles Adam Shultz
    5. Ruth Elaine McMahon
    6. ···
    7 lawyer answers

    No, you should not consider doing it yourself. You should confer with a trusts and estates attorney about your situation and see what might be the best solution. As long as your home is your homestead, it can be protected with the proper instrument. Without knowing more about your situation, your current health, your prospects for social security payments or SSDI, it is really impossible to give you accurate advice. Please, see an attorney and don't take a chance on doing something that may...

    8 lawyers agreed with this answer