Dana Laganella Gerling’s Answers

Dana Laganella Gerling

Bradenton Estate Planning Attorney.

Contributor Level 11
  1. Last Will and Testament need to be filed with the Clerk of the Courts office How would I find out what Lawyer has moms WILL

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Carol Anne Johnson
    3. Jeffrey B. Lampert
    4. Alan James Brinkmeier
    4 lawyer answers

    I am very sorry for your loss. If there was a Will, it should be filed within ten days of death. You will be able to view the Will at the Clerks Website for the county in which your mother passed away.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. What are the rights of an heir if they were never informed they were in the will of a deceased in WA?

    Answered over 1 year ago.

    1. Heather Morcroft
    2. Dana Laganella Gerling
    3. Celia R Reed
    4. James P. Frederick
    4 lawyer answers

    Every state has different law related to probate and the distribution of assets upon death. You should post this question to an attorney in Washington for an answer.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What are the standard fees for a probate attorney?

    Answered 7 months ago.

    1. Robert P Garven
    2. Lawrence Jay Davis
    3. Dana Laganella Gerling
    4. Harley Herman
    5. David Michael Goldman
    5 lawyer answers

    Typically Attorney's fees are handled by statute which sets a percent fee, which is 3% for estates with a value of up to One Million Dollars. Many Attorney's will also handle a probate for a flat fee as well. Typical filing fees to open up a Formal Administration with the Court is approximately $400.00.

    6 lawyers agreed with this answer

  4. Do you have to pay taxes on Life Insurance paid out?

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Cindy M Campbell
    3. Christian K. Lassen II
    4. Carl Gerard Santangelo
    5. David J. McCormick
    5 lawyer answers

    You typically would not have to pay taxes on proceeds from a life insurance policy in the State of Florida. You should consult with an Attorney or Accountant prior to distribution to ensure the same. Further, if your Father was a resident of another State, the answer could change based on that State's laws.

    6 lawyers agreed with this answer

  5. Need a lawyer to settle estate can not get a hold of lawyer who started the estate filings. I live in Florida.

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Joseph Franklin Pippen Jr.
    3. Matthew Erik Johnson
    3 lawyer answers

    You would have to hire an attorney licensed to practice law in Pennsylvania to handle an estate being administered there. You may want to post this to attorneys located within the county where you need help to find another attorney to handle the matter.

    6 lawyers agreed with this answer

  6. What do we need to do about a vehicle transfer without a signature on a will from legal zoom??

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Carol Anne Johnson
    3. Eileen D. Jacobs
    4. Thomas J Upchurch
    5. Larry Wang
    5 lawyer answers

    I am very sorry for your loss. If the Will was not signed prior to death, it would not be a valid devise of property. It would seem that probate will be needed to handle your father's estate. You can try to contact the DMV and see if they will allow your mother to transfer your father's vehicle to herself using his death certificate as his heir and then she can transfer the vehicle. The vehicle should be exempt from any claims of creditors.

    6 lawyers agreed with this answer

  7. My Mother passed away, her and Dad have wills, in the state of Florida what is the procedure? does it have to go to Probate?

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Carol Anne Johnson
    3. Joshua Eli Adams
    4. Robert Jason De Groot
    4 lawyer answers

    I am very sorry for your loss. The Estate may potentially need to go through Probate in the County where your mother passed, however that will depend on many different factors, one of which being how your mother and father held the assets. You should consult with an Attorney related to what process you will have to do related to your Mother's Estate.

    6 lawyers agreed with this answer

  8. Can I contest a will for back child support?

    Answered almost 2 years ago.

    1. Heather Morcroft
    2. Dana Laganella Gerling
    3. John Arthur Smitten
    3 lawyer answers

    You can file a creditors claim for back child support. Further if the children are minors you could have an attorney Petition for a family allowance which would allow you some funds to support any minor children. Also if minors they could be entitled to additional assets as well.

    6 lawyers agreed with this answer

  9. Is it customary to sign for receipt of complete distribution of my share of stepmom's estate prior to actually receiving?

    Answered over 2 years ago.

    1. Dana Laganella Gerling
    2. Lawrence Jay Davis
    3. Marian Audrey Lindquist
    4. Adam Troy Rauman
    5. Astrid de Parry
    6. ···
    6 lawyer answers

    Sending the Waiver prior to the funds is common practice, however I would inquire about a informal accounting, the amount of your share and when it will be sent. You typically would recieve this information along with the Waiver. As a beneficiary you are entitled to request an actual formal accounting and not at all required to sign such Waiver.

    5 lawyers agreed with this answer

    2 people marked this answer as helpful

  10. I will inherit 33% in the future, what % prior to this do I have to own to be a 51% owner after inheritance?

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Dennis Michael Phillips
    3. Debra Ann Faulkner
    4. Robert Jason De Groot
    4 lawyer answers

    You can not really guarantee an inheritance in the future. You could buy in to the company, the person giving the business shares could change their Will and not devise you the rest of the shares. You should be careful in proceeding and ensure you properly protect your rights to future shares in the business.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

941-756-6600