Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. In the state of Florida, if a single person dies without children but has a will, is anyone allowed in the property

    Answered 9 months ago.

    1. Carol Anne Johnson
    2. Don Paul Harvey
    3. William H. Davie II
    3 lawyer answers

    Who is "anyone"??? Someone off the street? No. The deceased person's personal representative, most likely, yes. Second part of the question - "allowed in the property"?? Do you mean allowed to move in?? No. Allowed in to collect bills and clean out refrigerator?? Yes.

    9 lawyers agreed with this answer

  2. On the death of my wife of 52 years, I find out that all liquid marital assets (checking, savings, CD's) now belong to my kids.

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. David Michael Platt
    3. Betty Elaine Jones
    4. Dennis Michael Phillips
    4 lawyer answers

    Your children are blowing smoke. The home is your homestead and you can take ownership of it as a life-estate and remain there for the rest of your life. You are also entitled to an "elective share" (30% of the elective estate). Unfortunately, bank accounts with the children as co-owners or as POD are not part of the elective estate. You need to immediately contact a local probate attorney to assist you in keeping what you have earned from the estate. DO NOT LET YOUR CHILDREN TAKE ADVANTAGE OF YOU!

    9 lawyers agreed with this answer

  3. If there are 12 heirs to a will or property, how can one heir be left out completely

    Answered 11 months ago.

    1. Carol Anne Johnson
    2. Lawrence Jay Davis
    3. David Michael Goldman
    3 lawyer answers

    You haven't really provided enough information about how the home was titled before it was sold. Whomever handled the transaction was either mislead by the other heirs; left a name off inadvertently (easy to do when there are 12 owners!); or there was a titling issue that was not resolved. If the one person did not sign off on the sale and wanted to keep the house, they will need to contact a real property attorney to mount any defense available - the courts are not inclined to reverse a sale...

    9 lawyers agreed with this answer

  4. My deceased aunt left 2 bank accounts payable to me (POD) as well as an annuity that named my sister and I as co-beneficiaries

    Answered 11 months ago.

    1. Carol Anne Johnson
    2. Heather Morcroft
    3. Thomas J Upchurch
    4. Dennis Michael Phillips
    4 lawyer answers

    The POD accounts are yours. Payable on Death means just that. The PR has no right to tell you what to do with those accounts as they are not part of the estate. BTW, I would definitely NOT recommend you contact the PR's attorney as they do not represent you. If you feel that the PR is doing something that is unwarranted, you need to hire your own probate attorney to request an accounting of the estate.

    9 lawyers agreed with this answer

  5. 2 siblings own home both names on deed we pay all bills including property taxes one wants to sell the other does not, options?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Cheryl Rivera Smith
    3. Anastatia Quirk Ellis
    3 lawyer answers

    Buy her out. The only other option is to sell at a partition sale and request that the bills you paid on the house be reimbursed, less the value of the rent which you didn't pay and your attorney fees be paid. Then the remaining proceeds of the sale are split between the two of you. If it were me, I would get an appraisal of the house done, do some research on the typical discount rate for homes sold at partition sales (court sales) and figure out how much Sis would realize from the partition...

    9 lawyers agreed with this answer

  6. What will I be able to leave my adult children from a prior marriage when I die? What difference will it make if I make a WILL?

    Answered about 1 year ago.

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

    This is not an unusual circumstance for second-marriages. You should seek the advice of a good trusts and estates attorney about setting up a Qualified Terminable Interest Property (QTIP) trust. This will allow each of the spouses to identify what property they want their children to get after they are both deceased, while providing for the surviving spouse during their remaining lifetime. Regardless of whether your husband's practice is in his name, unless you have a pre-nup stating otherwise,...

    9 lawyers agreed with this answer

  7. Do I have the right to have a copy of my deceased mothers will even if I am not listed as the excecutor

    Answered about 1 year ago.

    1. David Michael Platt
    2. Carol Anne Johnson
    3. James Bunkey Swain
    4. Paul Rampell
    4 lawyer answers

    As mentioned, once it is filed with the court, the will becomes public record and you can see it in the probate clerk's office.

    9 lawyers agreed with this answer

  8. When an attorney is hired by the PR to handle her appointment etc, does the attorney represent the PR PERSONALLY throughout?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Donna R Blaustein
    3. Alan James Brinkmeier
    4. Jonathan Craig Reed
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    In Florida, the attorney hired by the PR represents the PR for the purpose of advising them as to the proper administration of the estate. The attorney does not represent the heirs of the estate. Without specific example, it is hard to properly answer some of your question, except for very generally. The attorney must advise the PR as to the legal demands of the probate of the estate. Where the "intent of the will" as you say, or the desires of the PR will violate the PR's fiduciary duties, or...

    9 lawyers agreed with this answer

  9. Mother signed a quit claim deed to my name a year ago, I have not recorded it yet. Have one sibling, what happens if she dies?

    Answered over 1 year ago.

    1. Pamela Thea Higer Polani
    2. Carol Anne Johnson
    3. Will Murphy
    4. James P. Frederick
    5. Charles Adam Shultz
    6. ···
    8 lawyer answers

    Why on earth don't you just get the QC recorded?? It only costs about $18. Then, you won't have to worry about it. Otherwise, as my colleagues have stated, you could have some unpleasant issues to deal with in probate court.

    9 lawyers agreed with this answer

  10. Are creditors entitled to payment from homestead inheritance?

    Answered over 1 year ago.

    1. Richard Allan Heller
    2. Carol Anne Johnson
    3. Joseph Franklin Pippen Jr.
    4. Cheryl Rivera Smith
    5. Robert Jason De Groot
    5 lawyer answers

    No, a homestead property passes outside probate as an operation of law and is exempt from all but the mortgage and taxes, and any other perfected liens against the property (mechanic's liens and such). Satisfaction of the mortgage and any of the existing liens against the home are all that is required when the home sells. As mentioned, there are procedures to follow, which includes notification of the creditors of your father's passing. Your probate attorney can take care of those necessities...

    9 lawyers agreed with this answer