Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. I had a Will, Power of Attorney, and Living Will, created by an Attorney, in 2008, with my wife as heir and agent.

    Answered 5 months ago.

    1. Carol Anne Johnson
    2. Ruth Elaine McMahon
    3. Dennis Michael Phillips
    3 lawyer answers

    Yes and no. There is additional language that needs to be included that revokes the original will. Wills should be revisited every 3 years or so, anyway. If you want it done right, take it to an attorney and have them draft a codicil to the current will, a new Living Will and new DPOA. It will be cheaper in the long run. The old POA will no longer be valid even if you retype it exactly as it was. POA law changed in October of 2011 and all new POAs must follow the new statute. So, would they...

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  2. How do I petition the court for an order to transfer my mother's house (homestead) to my sister and I (the beneficiaries)?

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Lawrence Jay Davis
    3. Ruth Elaine McMahon
    4. Pamela Thea Higer Polani
    4 lawyer answers

    Since you are not the sole interested party in this estate, you cannot do the probate without an attorney. I find it hard to believe that your attorney is refusing to complete the probate action you have paid for. That just doesn't make any sense. If true, you need to send them a letter requesting that they either complete the action or return your documents. Send it certified. After that, if they still will not behave, report them to the bar with a copy of the letter that you send to them....

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  3. Is any attorney out there willing to donate his time to set up a benefit trust for a family that needs help right away?

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. Dennis Michael Phillips
    3. Michael Leo Potter
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    I prepare special needs trusts for disabled children and adults in my practice. I am also on the Board of Trustees for the Community Law Program here in St. Pete, which provides pro-bono legal aid to those that cannot afford it. Give me a call and I will see what I can do. Good for you for your efforts to help your friend. Call me at (727) 647-6645.

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  4. My family fraud me, my brother sold my moms house to my sister without me having any knowledge eventhough my name was on the wil

    Answered 11 months ago.

    1. Carol Anne Johnson
    2. Carin Manders Constantine
    3. William Charles Rosenfelt
    3 lawyer answers

    Hire a probate litigation attorney. If the will left the house to you as a remainder, then your brother did not have the right to sell. Consult with an attorney to see if that is really the case, or if your understanding of the will is incorrect.

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  5. Do I have rights to see tax & ins papers, enter premise or collect rent to cover. Do I have any rights.?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Heather Morcroft
    3. Celia R Reed
    3 lawyer answers

    I am going to assume that Mom left her house (mortgages are debt-instruments) to the 5 of you. Is that the case? Is the home currently paid off? What is the situation with the new mortgage? None of this makes enough sense to pontificate about, so my best suggestion is to seek the advice a local real estate attorney. If you are now on title to the home, no one can "bully" you into doing anything. You have rights. Your attorney can explain those to you.

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  6. How do I get my fathers will notarized?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Adam Troy Rauman
    4. Gene Edward Adkins
    4 lawyer answers

    I'm so sorry to hear about your father's condition! As mentioned, FL law does not specifically demand that a testator's signature be notarized. The only time that the witnesses would have to be located and deposed is if there is a challenge to the will's validity. If that is a concern, and your father is lucid and competent (is he conscious?) you can hire a mobile notary to come to the hospital and watch him sign the will again in the presence of two witnesses. Then, the potential challenge...

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  7. My parents left me the family home in their will, now my brother wants the home, is he entitled to it?

    Answered over 1 year ago.

    1. Adam Troy Rauman
    2. Jonathan J Goldberg
    3. Carol Anne Johnson
    4. Joshua Eli Adams
    5. Evan W Turk
    5 lawyer answers

    I agree with Attorney Pippen - in response to your question, if your parents left the home to you in their will it belongs to you. Your brother cannot dictate your parents' wishes and if he is unsatisfied with what was left to him, he can sell it. He cannot simply move into your property, regardless of what he claims unless he has an ownership interest that either precedes yours (on title with your parents) or is simultaneous to yours (left an equal share of the home in the will). If your...

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  8. Our will and living trust was written in Illinois. We are now residents of Florida.

    Answered 3 months ago.

    1. Carol Anne Johnson
    2. Frank Joseph Tylman Jr.
    3. Joseph Franklin Pippen Jr.
    4. Alan James Brinkmeier
    4 lawyer answers

    If they were created properly by a trusts and estates attorney in Illinois and were executed with proper IL formalities, then they will both be valid in Florida. However, as Attorney Tylman mentions, if you have a homesteaded property in Florida that you wish to put in the trust, Florida requires some very specific language in order to maintain your tax exemptions and homestead status for the property. While the trust and will probably won't have to be completely re-drafted, I would suggest...

    8 lawyers agreed with this answer

  9. I have an inheiritance coming from a trust. When real estate is sold then the money is distributed. If I divorce does she getany

    Answered 4 months ago.

    1. Carol Anne Johnson
    2. Betty Elaine Jones
    3. Gary Roger Waitzman
    3 lawyer answers

    It depends. If you keep your inheritance assets in a separate account and NEVER, ever commingle the funds with anything remotely marital, then you will be fine. However, the minute you use the money to pay off marital debts, renovate your marital home, etc., then she can argue that the inheritance has now become a marital asset. It sounds like a divorce is already in your future or you wouldn't be worried about it - easiest to have the money put into a trust for you and then just leave it...

    8 lawyers agreed with this answer

  10. Does my family need to hire an attorney to settle my mom's will? She is debt free, the will equally divides amongst 4 siblings.

    Answered 6 months ago.

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

    Unless the investments and banking accounts are TOD or POD, you will have to have an attorney file a probate proceeding for you. Florida law requires an attorney do the filing for formal administration of estates valued at more than $75K, and for summary administration where there is more than 1 interested party - here, there are 4. So, go to the AVVO Find a Lawyer tab. Most of us in your area offer free initial consultations. Probate is a very personal process and you should be comfortable...

    8 lawyers agreed with this answer