Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. Timely Objection filed to probate creditor claim

    Answered about 1 year ago.

    1. Christopher Quinn Wintter
    2. Carol Anne Johnson
    3. Celia R Reed
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    It depends on how or if the creditor was noticed by the personal representative of the estate. If the notice was sent to and received by the creditor, then their time limit is 30 days. But, if they were never noticed at all, and no publication was made, they have two years to file. You need to have your probate attorney review their claim to see if it has merit and proceed accordingly.

    9 lawyers agreed with this answer

  2. How does an 82 year mom sign her house over to her daughter?

    Answered over 1 year ago.

    1. Marshall C Deason Jr.
    2. Carol Anne Johnson
    3. Gregory Herman-Giddens
    4. Lawrence Jay Davis
    5. Jacqueline Alicia Salcines
    6. ···
    6 lawyer answers

    Technically, since the homes belong to your mother, SHE needs to contact an elder law, wills and trusts attorney where she lives to draft a proper agreement that will effectuate HER intentions as to the homes. As Attorney Deason mentions, there are many questions that need sorting out to ensure that the result is one that is best for HER - not necessarily you and your sister! Have your Mom see a good attorney if this is something that she wishes to do.

    9 lawyers agreed with this answer

  3. Removing Dad's Name from Home Ownership

    Answered over 1 year ago.

    1. Marcos P Martinez
    2. Brent Allan Rose
    3. Astrid de Parry
    4. Gregory Herman-Giddens
    5. Carol Anne Johnson
    6. ···
    6 lawyer answers

    All of my colleagues have given good advice here on the actual transfer of interest in the home. However, there are additional concerns to be aware of. How old is your father? Is he currently healthy? I ask because if he transfers his interest and two months from now is in need of nursing home care, such a transfer can act to bar him from qualifying (for a period of time) for Medicaid benefits that might otherwise may have been available to him. Likewise, the value of the home can also be...

    9 lawyers agreed with this answer

  4. My Dad passed away in Florida on 6/11/14 from cancer that spread in his body . He signed a will giving all to a girlfriend

    Answered 2 months ago.

    1. Carol Anne Johnson
    2. Cynthia Irene Waisman
    3. Robert Jason De Groot
    3 lawyer answers

    See my answer to the other question you posted. You have an uphill battle to win here, but there are a couple of ways to look at it. A good probate attorney can review the will and assess your chances of winning. But, it is really up to your evidence and the judge.

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  5. I would like to know if I should hire a new attorney to take over my brother's estate probate filing?

    Answered 7 months ago.

    1. Carol Anne Johnson
    2. Robert P Garven
    3. Betty Elaine Jones
    4. Brian Scott McNamara
    4 lawyer answers

    You are ALWAYS free to choose whomever you wish to handle ANY of your legal matters. Probate can be tricky for anyone who does not routinely practice it. You can discuss your concerns with your attorney or just let him go and hire another. The fact of having no office staff is not evidence of wrong-doing on the part of the attorney. I am presuming that you knew that he was not a probate attorney when you hired him.

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  6. If the owner gifted me 50% ownership of his condo can the assoc. prevent me from living there?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Joseph Franklin Pippen Jr.
    3. Charles Adam Shultz
    4. Kyndra L. Mulder
    4 lawyer answers

    It depends. What do the condo docs say? An association has the right to require an application for each person that buys/rents in their association. Have you done that? if you haven't, then you are there without permission. Also, if the condo was "gifted" - by what means? If there was no exchange for value, the gift can be challenged. Typically, if the condo rules and regulations are followed, there isn't any need for "harassment" by the board.

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  7. Am I entitled to ask the (POA) or representative of the estate to produce financial records of the estate she has overseen?

    Answered almost 2 years ago.

    1. Carol Anne Johnson
    2. Jacqueline Augusto
    3. James P. Frederick
    3 lawyer answers

    You should ask this question of a MI attorney, but as far as Florida Trust Code goes, the Trustee has a fiduciary duty to give an annual accounting of the trust to the beneficiaries. If you believe that the Trustee is not performing their duties correctly, you should seek the advice of a MI trusts and estates attorney who can review your concerns. From a brief look at the recently enacted (2009) Michigan Trust Code, it appears that your Trustee is not complying with their statutory duties. Take...

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  8. Appraisals in Probate

    Answered 2 months ago.

    1. Carol Anne Johnson
    2. Joseph Franklin Pippen Jr.
    3. Jonathan Joseph Warrick
    4. Dennis M Astill
    4 lawyer answers

    The spouse obviously took exception to the first appraisal and, yes, she has a right to get the property reappraised if she believes the PR's appraisal is flawed. Of course it is allowed. When there is such a wide gap in appraisal value, a third appraisal may be in order to see which is the more justifiable value. If the attorney is representing the spouse, why shouldn't they order it? The spouse has a right to get an accurate valuation of the estate so that she can get her proper elective share.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. My dad died without a will, and he has a house that is paid off. How do I gain ownership of the property?

    Answered 5 months ago.

    1. Carol Anne Johnson
    2. Pamela Thea Higer Polani
    3. David L. Carrier
    4. Marjorie Brunelli DeCastro-Hirsch
    5. Will Murphy
    5 lawyer answers

    You and your sister will need to open probate in order to get a Determination of Homestead that will transfer title to the heirs. Depending on the value of the home, it can be a Summary Administration (if value is under $75K), or if it is his homestead property (passes outside of probate). I am very sorry for the loss of your father. Even without a will, the property will need to be transferred to you by court order. Speak with a local probate attorney about the matter.

    8 lawyers agreed with this answer

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  10. Big brother was executor for my fathers affairs we got a portion of the insurance but not our share in the real estate sold

    Answered 12 months ago.

    1. Anastatia Quirk Ellis
    2. Carol Anne Johnson
    3. Aaron Scott Hill
    4. Cheryl Rivera Smith
    5. David Michael Platt
    5 lawyer answers

    Hire an attorney immediately to put a halt to this process. First off, the eldest cannot "appoint" himself as the Personal Representative (not executor) - the court must do that. They will only do so if there is no objection to the appointment and then will assign letters of administration. If you object, have your attorney file an objection to his appointment. You don't say how long ago your father passed away, but don't delay too long or you will be unable to challenge your brothers...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful