Dana Laganella Gerling’s Answers

Dana Laganella Gerling

Bradenton Estate Planning Attorney.

Contributor Level 11
  1. Will my Will, written in Florida, be honored when I move to Minnesota?

    Answered over 1 year ago.

    1. Richard Allan Heller
    2. Paul A. Smolinski
    3. Dana Laganella Gerling
    4. Paul Klemow
    5. James P. Frederick
    6. ···
    7 lawyer answers

    Every states law are different. I would recommend you consult with an attorney in MI.

    9 lawyers agreed with this answer

  2. All my assets have beneficiaries. What is my personal rep. obligated to do for the Probate Court upon my death?

    Answered about 1 year ago.

    1. Dana Laganella Gerling
    2. Kevin H. Pate
    3. James Bunkey Swain
    3 lawyer answers

    If you do not leave a Will, there would not be a personal representative or anything required. However if one of the beneficiary designations is not made or for some reason there remains any assets without proper beneficiaries, an intestate Estate would have be opened and a Personal Representative would be appointed by the Court.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. I need help from a lawyer to help get copy of my deceased mothers will, and then determine our next step.

    Answered almost 2 years ago.

    1. Dana Laganella Gerling
    2. Carol Anne Johnson
    3. Adam Troy Rauman
    4. Eric Jerome Gold
    4 lawyer answers

    Under Florida law he would have been required to file a copy of the Will with the County Clerk within ten days. It is likely the property was transferred without a Will and he had some type of ownership interest in it. You can search at the County Clerk website for the deeds and review how the actual transfer took place. My recommendation would be that you contact an Attorney who specializes in Probate Litigation.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. What to do when your parents are holding you against your will

    Answered about 1 year ago.

    1. Joseph Franklin Pippen Jr.
    2. Dana Laganella Gerling
    3. Charles Alan Amen
    4. Lee Alan Thompson
    4 lawyer answers

    This sounds more like a potential family law issue, civil law or criminal issue. You should post to Attorney's in that field for advice.

    8 lawyers agreed with this answer

  5. My existing Will prepared and signed in Maryland, where I lived, will it stand up legally since I have moved/homesteaded in FL?

    Answered almost 2 years ago.

    1. Dana Laganella Gerling
    2. Richard Allan Heller
    3. Marcos P Martinez
    4. Gregory Herman-Giddens
    5. Jesse Houston Clark
    5 lawyer answers

    If you Will was valid in Maryland it would be valid in Florida. However, every states laws are very different and I would suggest that you consult with an Attorney in FL related to updating your prior Will.

    8 lawyers agreed with this answer

  6. In order for will to be valid, Is "sound mind and body" language required in will or simply "sound mind"?

    Answered almost 2 years ago.

    1. Dana Laganella Gerling
    2. Barry A. Stein
    3. Carol Anne Johnson
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    The language added to a Will is not going to make a difference if the person signing the Will does not have capacity. The words alone will not validate the will.

    8 lawyers agreed with this answer

  7. Do we need three attorneys for probate , one for each of the people who receive the assets or can one attorney handle.

    Answered about 1 year ago.

    1. Dana Laganella Gerling
    2. Richard Allan Heller
    3. John P Corrigan
    4. Sherri Marie Stinson
    4 lawyer answers

    One attorney can handle for the estate. If there is a beneficiary dispute, additional attorneys may be required but with only one asset, the administration should be fairly simple.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Death letter of administration

    Answered about 1 year ago.

    1. Dana Laganella Gerling
    2. Eileen D. Jacobs
    3. Steven D. Beres
    4. Thomas J Upchurch
    4 lawyer answers

    Letters of Administration will need to be certified within sixty days for a bank to honor the document. You also would still need to be actively serving as Personal Representative and not have been discharged through the Court. You can request updated certified documents from your Attorney or the clerk of court.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Does a non relative have to be a Florida resident to be an executor of a Florida will? How do I find a firm then that can write

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Charles Adam Shultz
    3 lawyer answers

    Typically someone needs to be related by blood if they are located out of the state of Florida, however there are some exceptions that would allow certain non-blood relatives to serve. If your intention is to have a law firm serve as your Personal Representative, we would be happy to discuss what would be involved. Remember you can always change your Will and change who you have serving as Personal Representative.

    7 lawyers agreed with this answer

  10. WHY won't anyone answer me? Why does the Attorney need me to sign an INFORMAL accounting, the FORMAL will come later.

    Answered about 1 year ago.

    1. David Michael Goldman
    2. Dana Laganella Gerling
    3. Carol Anne Johnson
    4. Charles Adam Shultz
    4 lawyer answers

    It would appear from your Question that the Attorney is trying to substitute an informal accounting for a formal accounting. A formal accounting can take more time to prepare, however you are entitled to the same as a beneficiary and should hire an Attorney of your own if you feel your rights are not being represented. It should not delay an estate to prepare the accountant. You can also try to contact the Attorney for the Estate directly and see if they can help clarify what is happening in...

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