Dana Laganella Gerling’s Answers

Dana Laganella Gerling

Bradenton Estate Planning Attorney.

Contributor Level 11
  1. How do I get my fathers will notarized?

    Answered over 1 year ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Adam Troy Rauman
    4. Gene Edward Adkins
    4 lawyer answers

    A Will does not need to be notarized to be valid. A Self Proving Affidavit attached to the Will would allow the Will to be admitted without finding the witnesses to the Will. However you can admit a Will without the Self Proving Affidavit, it just requires some additional steps. If your father does not have capacity at this time, you will not be able to do anything to correct or change the document.

    5 lawyers agreed with this answer

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  2. As Executor of a will in LA am I entitled to half of my expenditures for travel and also do I get paid to be the Executor?

    Answered about 1 year ago.

    1. Dana Laganella Gerling
    2. Carol Anne Johnson
    3. Debra Ann Faulkner
    3 lawyer answers

    The law in the state that you are serving as personal representative would apply related to expenses. Typically reasonable expenses will be covered and you can report those expenses to the beneficiaries.

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  3. I WANT TO BE THE PERSONAL REPRESENTATIVE .FOR MY LATE MOTHER ESTATE . SINCE MY FATHER JUST PAST AWAY IN MAY 10,2013 .

    Answered 11 months ago.

    1. Dana Laganella Gerling
    2. Astrid de Parry
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    In order to become Personal Representative you will have to Petition the Court to appoint you. If the Will listed you as a back up, you would have to open a Formal Administration with the Probate court and you then would have authority to transfer the bank account into an Estate Account. If there is no Will, you can petition the Court to be appointed and if no one contests the same, it would likely you would be appointed.

    5 lawyers agreed with this answer

  4. A unmarried man dies, no will, who inherits his mother or adult daughter?

    Answered 11 months ago.

    1. Adam Stephen Towers
    2. Carol Anne Johnson
    3. Dana Laganella Gerling
    3 lawyer answers

    His children would inherit all his assets equally. Assuming he only has one adult daughter as you have indicated, she would inherit everything. However if he had any children who died before him, their children would be beneficiaries.

    5 lawyers agreed with this answer

  5. Hello... this cuestion is for an friend she have a old married boyfriend and he is 71 and she is 28 he told her about last will

    Answered 11 months ago.

    1. Dana Laganella Gerling
    2. Benjamin M Kearney
    3. Robert Jason De Groot
    3 lawyer answers

    You can include minor children in a Will. You typically would include provisions to distribute over time to the minor and release at a certain age.

    5 lawyers agreed with this answer

  6. If I am unable to go from FL. to PA. to give a deposition, due to health reasons. Can I give a written deposition?

    Answered 11 months ago.

    1. Dana Laganella Gerling
    2. David P Fraser
    3. Lauren Elizabeth Goodhart
    3 lawyer answers

    You would need to coordinate a telephone deposition with the Attorney that subpoenaed you for deposition directly. You should contact their office to explain any reasons you may have for not being able to attend on the date given, but should always follow the subpoena given. You also should hire an Attorney of your own to advise you related to the same.

    5 lawyers agreed with this answer

  7. LAST WILL & TESTAMENT

    Answered about 1 year ago.

    1. Abel Lopez
    2. Gene Edward Adkins
    3. Dana Laganella Gerling
    3 lawyer answers

    Your New will should have the language in the Will that will revoke the prior Will. You want to ensure that you have an Attorney draft the Will so that the new Will is properly executed in accordance with Florida law. Your Power of Attorney has financial authority over your assets while you are alive and is not related to your Will. You should create a new Power of Attorney as well as destroy your prior original document if you want to revoke that document as well.

    5 lawyers agreed with this answer

  8. My father died 84 days ago he didn't make a will.the house is paid for I wanna know who gets the house in order

    Answered about 1 year ago.

    1. Heather Morcroft
    2. Dana Laganella Gerling
    3. Stephanie Sauer Woods
    4. Carol Anne Johnson
    4 lawyer answers

    I am very sorry for your loss. If your Father did not have a Will, the law of intestacy would provide the answers as to who would inherit his assets. Further, if the real property was his homestead residence, the statutes would indicate who would get the property. It would depend on several factors, including if your father was married at the time of his death, had any minor children and how he owned the property. I would recommend talking to an Attorney who can help you understand the...

    5 lawyers agreed with this answer

  9. Who gets everything?

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Richard Allan Heller
    3. Joseph Franklin Pippen Jr.
    4. Gregory Herman-Giddens
    5. Dennis Michael Phillips
    5 lawyer answers

    It would go by the laws of intestacy. The distribution of the Estate assets would go pursuant to statute, and would depend on who the surviving blood relatives of the decedent are, the Estate could go up to the decedents parents or back down to other relatives, like brothers, sisters, nieces or nephews. You also would want an Attorney to carefully review the Will to ensure there is not a back up beneficiary named in another Article or area of the Will. We would be happy to discuss this...

    5 lawyers agreed with this answer

  10. Is a Notice of Trust required to be published in a newspaper in lee county, FL

    Answered over 1 year ago.

    1. Dana Laganella Gerling
    2. Carol Anne Johnson
    3. Adam Troy Rauman
    4. Shawn C Newman
    4 lawyer answers

    By publishing to creditors it allows you to limit the time with which they can file a claim. If you do not publish, creditors will have 2 years to file a claim against the Estate leaving the Estate liable for a longer period.

    5 lawyers agreed with this answer

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