Dana Laganella Gerling's Answers

Dana Laganella Gerling
Bradenton Estate Planning Attorney.
Contributor Level 7

3

Attorney answers:

  1. Daniel Todd Fleischer
  2. Dana Laganella Gerling
  3. Marc Jeremy Soss

Does the executor of a trust in Florida need to be a Florida resident?

Asked by a user in Bradenton, FL - 2 months ago.

Your sister is able to serve as Personal Representative and Trustee without a problem. The court will most likely require a bond because your sister is out of state. A bond is like an insurance policy to ensure she properly handles the assets in the Estate.

4 lawyers agreed with this answer

3

Attorney answers:

  1. Joseph Franklin Pippen Jr.
  2. Dana Laganella Gerling
  3. Steven J. Fromm

Would my adult children hava right to see their father,s will.There stepmom never said a word about it

Asked by a user in 34217 - about 1 month ago.

If your father held everything jointly with your step-mother, he may not have prepared a Will. If he did not hold all assets jointly, and had a Will, you can request a copy of such Will as it should have been filed within ten days of his death. If he did not have a Will, the distribution would be made per the laws of intestacy per the State of Florida.

2 lawyers agreed with this answer

3

Attorney answers:

  1. Francine Rae Martin
  2. Dana Laganella Gerling
  3. Michael S ('Mike') Hagen

Do you have to pay taxes on a house

Asked by a user in Palmetto, FL - about 1 month ago.

Property taxes and any other expenses associated with the home will still need to be paid. Your ability to continue to live in the home will depend on your mother's Will or if she did not have a Will, the Florida statutes. Probate would be required to transfer ownership of the home to the beneficiary who is entitled to the home. If only your mother's home is involved, probate can be a simple process in Florida.

1 lawyer agreed with this answer

2

Attorney answers:

  1. Dana Laganella Gerling
  2. Ruth Elaine McMahon

My mother has a trust agreement that was signed in 1992 when she lived in her Ohio home. Since then she sold the home

Asked by a user in Bradenton, FL - about 1 month ago.

The Property Appraiser typically will require a specific provision added to the Trust to address the homestead property in order for a home held in Trust to continue to have the homestead status. I would also recommend she see an Attorney to update her Trust to conform with Florida law if Florida is where she is now a resident.

1 lawyer agreed with this answer

1

Attorney answers:

  1. Dana Laganella Gerling

Am I entitled to benefits from my husband

Asked by a user in Sarasota, FL - about 3 years ago.

Under Florida Probate Law you would only be entitled to benefits under his Estate if you were legally married at the time of his death. Because you had divorced prior to his death, you would not be entitled to recover an elective share in his Estate. If your children were minors, they may have a claim against some of his assets. You should consult an Attorney to discuss what rights they may have. I would recommend you discuss it with an Attorney in the county where he passed away.

1 person marked this answer as helpful

3

Attorney answers:

  1. David Michael Goldman
  2. Steven W. Ledbetter
  3. Dana Laganella Gerling

How do I find out what (if anything) I am entitled to from my grandmother's and father's estates?

Asked by a user in Sarasota, FL - almost 3 years ago.

You should first go to the Sarasota Clerk's home page and search your Grandmother's name in the Court records to find out if an Estate was ever opened for your Grandmother. If your Grandmother passed away without any probated assets, then the Will would not govern. If an Estate was in fact open, you can go down to the courthouse public records viewing and view all the relevant documents and exactly what happened to the monies and how everything was distributed.

3

Attorney answers:

  1. Thomas Michael Bates
  2. Dana Laganella Gerling
  3. Jeffrey Scott Goethe

Divorce and exhusband died. He left ma as benificiary for his retirement pension. So do I have the right to this money?

Asked by a user in Sarasota, FL - over 2 years ago.

Typically you no longer are considered a beneficiary after a divorce by operation of law. However, it is argueable, if he added you as the named beneficiary after the divorce, that you would be considered the beneficiary of the account. If you were named prior to the divorce, it is more likely that the Estate would be the beneficiary and then the distribution would be through the law of intestacy. There are never any black and white answers, and this question lies in the gray area, where we...

3

Attorney answers:

  1. Steven W. Ledbetter
  2. Dana Laganella Gerling
  3. Jeffrey Scott Goethe

My Aunt is 99 and has 2 forms of terminal cancer. She may live 3 to 10 weeks. I have the POA, however i am not on any of her acc

Asked by a user in Sarasota, FL - over 2 years ago.

You should have no problem paying your Aunt's bills with her Durable Power of Attorney. If you want the 2nd successor, your Aunt's friends to take over as Durable Power of Attorney, you can indicate so to the bank and since she is listed on the document, she should be able to serve. Each bank operates differently, so you should inquire directly with the bank as to what they would require from you so that the 2nd successor could serve.

3

Attorney answers:

  1. Joseph Franklin Pippen Jr.
  2. David Michael Goldman
  3. Dana Laganella Gerling

Does the executor of an estate have to live in same state we live in fl.

Asked by a user in Palmetto, FL - over 3 years ago.

The statute that governs your question reads as follows: The statute that I am referring to is § 733.304 related to nonresidents serving as Personal Representative. The Statute specifically states that a person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of the decedent; (2) Related by lineal consanguinity to the decedent; (3) A spouse or a brother, sister, uncle, aunt, nephew, or...

2

Attorney answers:

  1. David Michael Goldman
  2. Dana Laganella Gerling

Do you have to be either (a) a resident of the State of FL to be an Executor of an Estate for a resident, or (b) a blood relativ

Asked by a user in Sarasota, FL - almost 3 years ago.

Yes, that law in the State of Florida requires this. You want to be sure that the person you chose to serve as Personal Representative with be granted the proper authority through the Court. The statute that I am referring to is § 733.304 related to nonresidents serving as Personal Representative. The Statute specifically states that a person who is not domiciled in the state cannot qualify as personal representative unless the person is: (1) A legally adopted child or adoptive parent of...

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