Carol Anne Johnson’s Answers

Carol Anne Johnson

Saint Petersburg Estate Planning Attorney.

Contributor Level 19
  1. 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 over 1 year 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.

    Selected as best answer

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

    Answered almost 2 years 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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  3. How do I get my fathers will notarized?

    Answered over 2 years 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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  4. My parents left me the family home in their will, now my brother wants the home, is he entitled to it?

    Answered over 2 years 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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  5. Lawsuit settlement that has finally come thru just after husband passed away. Does it have to go to probate?

    Answered 28 days ago.

    1. Carol Anne Johnson
    2. Joseph Franklin Pippen Jr.
    3. David Michael Goldman
    4. Joseph Michael Pankowski Jr
    4 lawyer answers

    There are several issues here; 1) the POA the wife had became useless upon the death of the husband, 2) if the settlement was to go to the husband, then it goes to his estate,, 3) if the will of the husband leaves everything to the wife (or, even if it doesn't) it MUST be probated. The type of probate will be contingent upon the value of the settlement. The only way to have avoided a probate proceeding would have been had the settlement been paid into a trust that was established by the...

    8 lawyers agreed with this answer

  6. How do I make a copy of a will legal ?

    Answered 4 months ago.

    1. E. Fernando Orrego
    2. David Michael Goldman
    3. Carol Anne Johnson
    3 lawyer answers

    You will have to "prove the will" to the court. Typically, there is a will search done of any attorneys who may have drafted the original, but since your father wrote the will out himself, the original may be lost. Hire a local probate attorney to help you with the formalities of getting the will proved.

    8 lawyers agreed with this answer

  7. If a trustee passes away and has appointed a new trustee but they refuse the position how would a proper trustee be appointed?

    Answered 6 months ago.

    1. Carol Anne Johnson
    2. David Michael Goldman
    3. Maureen Ann Wickert
    3 lawyer answers

    Typically, the trust will direct how the successor trustee is to be appointed (i.e., by the court, at the appointment by the beneficiaries, etc.). If the trust does not have those directions then the beneficiaries are free to decide among themselves if they wish to have a corporate trustee. Make sure that whomever you choose has experience in administering trusts and gives you a breakdown of the fees UPFRONT. Florida law allows for "reasonable fees" - what is reasonable can mean many things....

    8 lawyers agreed with this answer

  8. Can I make a will for my sister in law?

    Answered 8 months ago.

    1. Sabina Tomshinsky
    2. Carol Anne Johnson
    3. David Michael Goldman
    4. Harley Herman
    5. Michael Alfred Hollander
    6. ···
    6 lawyer answers

    First off, you are NOT related. As a widow of her deceased brother, you have no legal relationship for succession purposes with your sister in law. Second, if she is so incapacitated that she cannot understand the legal process of making a will, she will not be able to draft a will - even with an attorney. Third, yes, the "distant" family members can, and probably will, come after you as they are her legal heirs. Again, having a power of attorney would make you an agent of hers - not just...

    8 lawyers agreed with this answer

  9. If you own a home prior to marriage. Is your spouse entitled to half the property?

    Answered 9 months 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

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

    Answered about 1 year 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

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