name changing on will-lawyer or codicil with witness
You don't need a lawyer - but your mother does in order to ensure that the changes she wants are made properly and the codicil to her will is executed properly. A significant portion of my business is dealing with "home-made" changes to wills that were done improperly and do not pass muster at probate.See question
My Dad recently passed away and had a will naming me as the executor. He was a firearms collector and had a very valuable collection. In his will he specifically stated that I was to receive all of his firearms and all things firearm related. Gun ...
Your probate attorney should be your resource for this. They should immediately do an inventory of all the assets and those should be either moved into storage (to stop the pilfering) or placed in a locked room in the house. No, she is not "legally" allowed to sell off items that are part of the probate proceeding. Still, it happens. Your attorney needs to address this - IMMEDIATELY!See question
I am hoping to avoid having to fly back to NY to close on Mom's house there. Can my sister be granted POA to sign for me, since she is listed next as successor trustee in the Trust?
Way too many steps. Any closing can occur with what my colleagues have referred to as a "mail away" - where the closer will either fax, email, or fed-ex the docs to you for your original signature. You just must be able to get your signature notarized. You will also need your mother's certified death certificate, a copy of the Certificate of Trust naming you as the Successor Trustee and the pages of the Trust that name you as Successor, and the final (signature) pages of the trust document. That should be sufficient to keep the chain of title unbroken.See question
I'm starting a real estate investment company doing flips now and , in the near future, rentals. Also, I inherited 3 mortgages in TN when my mother died almost a year ago. I got advise not to file probate, but I'm now thinking that is not good sin...
OK. So did you inherit "mortgages" or properties that are mortgaged. If the latter is the case, yes, you will need to find an attorney where the properties are located to file a probate to get the properties properly titled to you (or your LLC). You can easily find an attorney in Tampa to handle the rest of the business / estate planning issues, but unless they are ALSO licensed in TN, you will need to have an attorney licensed there do the probate.See question
I am disabled I have excellent income for life... by law I must be able to assume the mortgage correct?? GARN ST GERMAIN PROTECTS HEIRS REGARDLESS OF THEIR CREDIT...IS THIS TRUE? once I inherit the house I will live there full time in Florida
No, you do not have to assume the mortgage. So long as the trust continues to own the home after your mother passes (which, hopefully will be many years from now), and continues to make all the mortgage payments, the lender cannot force you to assume anything. While the Garn-St. Germain Depository Institutions Act is not the best law ever written (another discussion), it does carve out times, such as these, when the lender cannot trigger their "due-on-sale" clause and require the loan be repaid and refinanced. Good for your mom for thinking and planning ahead. Enjoy your life - and, thank your Mom.See question
filling out probate court papers and this is what they want.
Basically, as Attorney Goldman states they want an affidavit that, as part of the Summary Administration, there aren't any outstanding creditors for the estate that have either not been ascertained or are barred and the estate does not owe anyone anything. By FL law, you can only do an SA yourself if the decedent has been dead for two or more years and you are the only heir at law.See question
If the applicant for Medicaid (in FL.) gives his CD money to his wife within 3 months after he applies, and wife puts the money into an account that is not a joint account, is that money not counted then as an asset for the applicant? It seems tha...
As my colleagues have mentioned, this is not an area of law that is consistent from state to state - therefore, the advice of an attorney who is familiar with how FL deals with "spousal issues" is key to having a happy ending. Speak with an elder law attorney about "spousal refusal" - it is allowed by federal law and FL is one only two states that allows it. Good luck.See question
My parents are getting old and want to leave their condo to their grand daughter (14 years old). Can they add my daughter's name on the title in addition to keeping their name. Or it is better to make a will and leave it to their grand daughter? W...
Everyone here has touched on some very valid issues - but, there is still a couple more - doc stamps and homestead. If the property in question has a mortgage, there may be doc stamps assessed that will equal the share of property being transferred to the granddaughter at the time it is recorded. If no mortgage, then that will not be a concern. But, unless the granddaughter is actually LIVING in the home, the amount of homestead tax exemption may be re-determined based upon the "new" ownership of the condo. Either way, assuming that the condo has some value, it is NEVER a good idea to do ANY type of title transfer without the advice of an attorney.See question
My brother has been on disability most his life and was left out our father's will. Fact is he was in the will but removed in the Codicil and was left not one dollar or anything
This is not that unusual. Frequently, parents of disabled children will follow the misguided path of leaving that child out of the will in order to preserve the child's government benefits - not being aware that a trust can be created that will do the same thing, but still provide for an enhanced quality of life. Usually, if the parent DOES disinherit the disabled family member, there is an expressed intent that other family members will step in and provide the care the disabled family member needs. Unfortunately, that doesn't typically happen.
Your brother MAY have cause for a Will Contest if there is clear and convincing evidence that the ONLY reason the father disinherited him was out of this mistaken belief that the substance of the inheritance would jeopardize the child's benefits. So sorry this had to happen. This is what can occur when "do-it-yourself" wills and codicils are used, or the attorney who is drafting the will or codicil is completely unfamiliar with disability and special needs law. As you can see, the havoc this creates cannot be easily undone after the fact. Your family members can take what would have been your brother's share - or at least a portion of that - and deposit it into a third-party special needs trust for the benefit of your brother. There are some options, but please, see a special needs attorney to ferret those out. Good luck.See question
My father's will is now in contest and will be for some time. My husband and I have been married over 30 years and he claims that he is entitled to 1/2 of Dad's inheritance to me when it is settled. Is he? Over the years, husband has accumulated ...
Your husband is trying to bully you. Tell him to stop it. Your father's inheritance has NOTHING to do with him! But, his IRA's and 401k's have everything to do with you. Just make sure to keep your inheritance in a completely separate account and NEVER, ever, throw it into a joint marital account, pay off the mortgage on your homestead, or spend it on the marriage - then, it will be construed as "marital property". Don't let him tell you that you can't afford a good divorce attorney, too (oh, he'll try) - the court will most likely make him pay for your own attorney. And, it is worth it. He is NOT being fair, as you can tell from all the comments, so far.See question