Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. If you own a home prior to marriage. Is your spouse entitled to half the property?

    Answered 22 days ago.

    1. Carol Anne Johnson
    2. Jacqueline Alicia Salcines
    3. Heather A. Patchen
    4. David Luther Woodward
    5. Marc L. Shapiro
    6. ···
    6 lawyer answers

    If you choose to divorce in Florida, which is not a community property state, then the answer is most likely "no". However, the court will look at what occurred after the marriage with regards to the home; i.e., were marital funds used to pay the taxes and maintenance or repairs?, how was the house titled?, was the income from the rent used for marital purposes?, and, ultimately, when you homesteaded the property, did you re-title the property with your wife as 'tenants-by-the-entireties'?...

    8 lawyers agreed with this answer

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

    Answered 5 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

  3. 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 6 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

  4. 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 7 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

  5. I was appointed administrator of my mother's will. The only item to probate will be her life insurance. How long do I have?

    Answered 7 months ago.

    1. Carol Anne Johnson
    2. Paul A. Smolinski
    3. Christian K. Lassen II
    3 lawyer answers

    I am sorry for your loss. You will probably continue to get medical bills presented until you file probate and they present their claims against the estate. Why does her life insurance need to be probated? That should only be the case if there was no named beneficiary or the named beneficiary pre-deceased your mom. Unless you are the sole interested party, you will need to hire a probate attorney - even to file for summary administration. They will know what to do with the life insurance...

    8 lawyers agreed with this answer

  6. My dad is dying, and I suspect my 3 sisters are cutting me out of my inheritance. What practice area is this? He is in Florida.

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Astrid de Parry
    3. Joseph Franklin Pippen Jr.
    4. Dennis Michael Phillips
    5. Robert P Garven
    6. ···
    6 lawyer answers

    I am not sure why you think your sisters have anything to do with your inheritance from your dad - it is HIS will, not theirs. If you suspect that they are unduly influencing him and that he may cut you out of the will, you should a) speak to your sisters and address the issue, or (better) b) spend some quality time with your father. I hate to see a family waste time bickering over an inheritance that has not yet come to pass. Your father is still alive. Enjoy him while you can.

    8 lawyers agreed with this answer

  7. No will; individual has declining lung capacity;what are alternatives if individual not able to complete will due to incapacity

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Daniel Charles Parri
    3. Dennis Michael Phillips
    3 lawyer answers

    Basically, the answers are "no" and "no". However, if the incapacity is merely physical, Florida law allows for another to sign for the physically incapacitated individual under very exacting formalities. The drafting of the will should (of course) be done by an attorney to the specifications of the testator and then the execution can be done as I mention above. If the incapacity is also mental, then it becomes more difficult as a determination of mental capacity is required for the will to be...

    8 lawyers agreed with this answer

  8. For the existence of a prescriptive easement, is the claimant req'd to use the lands in question WITH, or WITHOUT, permission?

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. Marshall C Deason Jr.
    3. Gregg Harrison Glickstein
    3 lawyer answers

    Welcome to reading legal opinions! The statement you quote, "Further in either prescription or adverse possession, the use or possession is presumed to be in subordination to the title of the true owner, and with his permission..." means that the court, when deciding a matter of claimed adverse possession will presume that the adverse possessor is on the property with the permission of the owner, which would mean the claim of adverse possession or prescriptive easement would fail without proof...

    8 lawyers agreed with this answer

  9. A unmarried man dies, no will, who inherits his mother or adult daughter?

    Answered 10 months ago.

    1. Adam Stephen Towers
    2. Carol Anne Johnson
    3. Dana Laganella Gerling
    3 lawyer answers

    Daughter would inherit.

    8 lawyers agreed with this answer

  10. My spouse died without a will. what happens to the house that is in his name only. we have two kids. who gets the house?

    Answered 11 months ago.

    1. Brandon Robert Bytnar
    2. Carol Anne Johnson
    3. Robert Jason De Groot
    4. Lee Alan Thompson
    4 lawyer answers

    Just my opinion, but your daughter needs to take a step back. If there is no will and there is greater than $75000 in assets, you will need to begin probate proceedings with an attorney in your county. Florida's intestate succession laws say that where the survivors are a spouse and the only children are those of the couple, the spouse takes 100% of the estate. If your husband has intended your daughter to get the house, he would have needed to create a will or put the home in trust for her...

    8 lawyers agreed with this answer