Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Trusts Attorney.

Contributor Level 18
  1. My uncle changed my mothers will without my knowledge I am her only daughter

    Answered 12 months ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Brian Mitchell Mekdsy
    3 lawyer answers

    First off, your Uncle cannot change your mother's will - she has to have done so herself. If you believe that she was not competent to make such a change and that he may have exerted undue influence over her change to the will, then you will need to hire (IMMEDIATELY) a good probate litigation attorney to represent your interests in the matter. Do you have the original will or a copy of it? If so, your attorney will want to review the old will against the new will to compare signatures,...

    8 lawyers agreed with this answer

  2. My mother and my grandmother died and I want to see if they had me in there will what shall I do

    Answered about 1 year ago.

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

    I am so sorry for you losses! Is there anyone in your family that is taking care of the estates for your mother and grandmother? If so, they have probably already filed the will(s), if they exist, with the clerk of the county in which they last resided. By law, this is supposed to happen within ten days of their respective passing. If there is no will on file for either of them, it may be lost or non-existent, in which case, you will inherit according to Florida's intestacy laws. If no one is...

    8 lawyers agreed with this answer

  3. WILLS in Florida - do they all have to go to probate?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Joseph Franklin Pippen Jr.
    3. Jeff Tomberg
    4. Dennis Michael Phillips
    5. Celia R Reed
    6. ···
    6 lawyer answers

    Yes, they do. Plus, the original will itself must be filed with the clerk of the court within 10 days of your death. Depending on the size of your estate, probate can be either formal or summary. If you are concerned, you should seek the advice of an estate-planning attorney who can review your situation and propose other options for your estate administration goals.

    8 lawyers agreed with this answer

  4. Should I consider preparing my own Irrevocable or Living Trust document on line?

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Michael Leo Potter
    3. Andrew Vincent Coviello Jr.
    4. Charles Adam Shultz
    5. Ruth Elaine McMahon
    6. ···
    7 lawyer answers

    No, you should not consider doing it yourself. You should confer with a trusts and estates attorney about your situation and see what might be the best solution. As long as your home is your homestead, it can be protected with the proper instrument. Without knowing more about your situation, your current health, your prospects for social security payments or SSDI, it is really impossible to give you accurate advice. Please, see an attorney and don't take a chance on doing something that may...

    8 lawyers agreed with this answer

  5. My mother & I jointly own a house in Florida. We want to transfer ownership to my brother. How do we do this?

    Answered over 1 year ago.

    1. Barry Louis Miller
    2. Scott Steven Sheffler
    3. Carol Anne Johnson
    4. Nina Larae Ferraro
    5. Howard E. Enrique
    5 lawyer answers

    Both you and your mother will need to sign the property over to your brother via a quit claim or warranty deed. Tax consequences may ensue for both you and your mother depending on the value of the home. You are limited to an annual tax-free gift of $13,000 (for the two of you, $26,000). Assuming the house is worth more than that, you could potentially owe tax on the amount above that. But, if the overall amount of the gift does not put you and/or your mother over the lifetime tax-free limit (...

    8 lawyers agreed with this answer

  6. How to get information on my brothers will

    Answered over 1 year ago.

    1. Gregory Herman-Giddens
    2. Carol Anne Johnson
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I am assuming you meant to say "probate would be finalized." Probate the is process by which the estate is settled, all the debts and taxes are paid, and the remaining assets distributed according to the will instructions. Within ten days of your brother's death, the will should have been filed with the court by the person who had the original - presumably the attorney-in-fact. If it is already filed you can see a copy of the will by contacting the clerk's office for the 6th Judicial Circuit (...

    8 lawyers agreed with this answer

  7. This is about a will

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Eric Jerome Gold
    3. Barry A. Stein
    4. Adam Troy Rauman
    4 lawyer answers

    When a new and valid will is drafted, it should, by reference, replace the earlier will. What you are describing is precisely what happens when a will is drafted and executed without the assistance of a knowledgeable attorney. Has your mother passed away? If so, I am very sorry for your loss. Unfortunately, the validity of the 2003 will is also suspect, even if properly executed, since it may not accurately reflect her last wishes and was intended to be superseded by the later will. Please, see...

    8 lawyers agreed with this answer

  8. Is it neccessary to have a trust when a will is in place?

    Answered over 1 year ago.

    1. Joshua Eli Adams
    2. Carol Anne Johnson
    3. Gregory Herman-Giddens
    3 lawyer answers

    Whether or not a trust is needed depends a lot on the value of the remaining assets to the estate. If your father's attorney has advised him not to bother, then he probably is more aware of the nature of the estate and assets than any of us on this forum could be. Assuming your father is happy with his attorney's advice, he should listen to it.

    8 lawyers agreed with this answer

  9. I've 2 properties should I put them in trust or should I put under a corporation or LLC ? Thanks. Cathy

    Answered almost 2 years ago.

    1. Carol Anne Johnson
    2. Inna Fershteyn
    3. James P. Frederick
    3 lawyer answers

    In Florida, it is a bit more complicated than previously mentioned. If the properties were purchased by you during the marriage from marital funds or an inheritance that was commingled with marital funds, then the properties could be considered a marital asset. Regardless of how you try to distribute the property through a trust or lady bird deed, your husband, if you predecease him, has a right to an elective share of your estate. If you divorce, Florida law deems that he has predeceased you...

    8 lawyers agreed with this answer

  10. Can an unregistered Florida trust or unregistered foreign trust bring litigation in Florida?

    Answered almost 2 years ago.

    1. Carol Anne Johnson
    2. Israel Sands
    3. Stephen Fulton Shaw
    3 lawyer answers

    Need more information to give an intelligent response. In what capacity is the trust suing you? What is your relationship to the trust? What is the trust's relationship to FL? There are very specific limitations to the granting of venue and jurisdictional requirements must be met in order for a foreign trust to file a complaint in Florida (see Section 736.0204 and 0205 for more information). If a complaint has been filed against you, do not delay and risk defaulting - contact a trust attorney...

    8 lawyers agreed with this answer