Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. 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 20 days 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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  2. I would like to know if I should hire a new attorney to take over my brother's estate probate filing?

    Answered 6 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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  3. If the owner gifted me 50% ownership of his condo can the assoc. prevent me from living there?

    Answered about 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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  4. Am I entitled to ask the (POA) or representative of the estate to produce financial records of the estate she has overseen?

    Answered over 1 year 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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  5. Appraisals in Probate

    Answered 26 days 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

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

    Answered 4 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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  7. 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 10 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

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  8. Do I need a Living trust? All I have is life insurance, 401K, bank assets Thanks

    Answered 12 months ago.

    1. Joseph Franklin Pippen Jr.
    2. Carol Anne Johnson
    3. Vance Tate Davis
    4. James P. Frederick
    4 lawyer answers

    As both of my colleagues has stated, "need" is a term of art here. Technically, you don't really need a trust unless you want to maximize the benefit to your children. There are many advantages to establishing a trust for your children, especially if any of them has any type of disability or has problems with creditors. Within the trust, your attorney can create sufficient provisions to protect your children's inheritance from creditors and from their own foolish spending habits. Speak with a...

    8 lawyers agreed with this answer

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  9. What are the penalties when a Personal Representative uses estate funds for personal use?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Debra Ann Faulkner
    3. Christopher Quinn Wintter
    4. Andrew Michael Bonderud
    5. Celia R Reed
    6. ···
    6 lawyer answers

    In addition to what Attorney Reed has already said, some of the behavior may have been sanctioned by the will instructions to the PR. What you should do at this point is to seek the advice of a good civil and/or probate litigation attorney - NOT the attorney representing the PR - and share the pertinent information with that attorney. She/he can then advise you as to the best course of action for seeking remedies.

    8 lawyers agreed with this answer

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  10. We just went for the reading of my mother's will, however, the lawyer NEVER read the will! Wasn't he supposed to???

    Answered about 1 year ago.

    1. Paula Brown Sinclair
    2. David Michael Goldman
    3. Carol Anne Johnson
    4. Betty Elaine Jones
    4 lawyer answers

    I won't rehash what my colleagues have already pointed out, but if you sister is PR, she will be dealing with an attorney. There is no requirement that your mom's attorney be the one used for probate, and it is very important that your sister be comfortable with whomever she chooses to do probate. However, the fees will only go up if the attorney has to field questions from family members. The attorney has probably already discussed with your sister the process for doing probate, what fees to...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful