Dana Laganella Gerling’s Answers

Dana Laganella Gerling

Bradenton Estate Planning Attorney.

Contributor Level 11
  1. Homestead penalty!!!!!

    Answered almost 2 years ago.

    1. Dana Laganella Gerling
    2. Marshall C Deason Jr.
    3. James P. Frederick
    4. Steven J. Fromm
    4 lawyer answers

    In order to obtain the homestead exemption you would need to be a permanent resident of Florida. Your father's homestead exemption should not affect your ability to homestead the property once it is in your possession and you comply with Florida Statutes.

    5 lawyers agreed with this answer

  2. Is it legal for a Creditor to Petition for Standard Probate?

    Answered 11 months ago.

    1. Carol Anne Johnson
    2. Jeffrey B. Lampert
    3. Dana Laganella Gerling
    3 lawyer answers

    In Florida, a creditor can open a probate on their own behalf if they have an outstanding debt related to the estate. You should post this question to avvo attorneys practicing in D.C. As they would be able to advise you related to the law there, as every state is different.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Michigan trust and will in Florida

    Answered about 2 years ago.

    1. Dana Laganella Gerling
    2. Kenneth Mac Bracewell Jr.
    3. Joseph Franklin Pippen Jr.
    4. David L. Carrier
    5. Janet Rae Montgomery
    6. ···
    6 lawyer answers

    It would be impossible for an Attorney to tell you the document does not count without a full review. Most of the time, only small amendments are required to conform with Florida law but every situation is different and I would recommend you consult with an Estate Planning attorney regarding the same. Our office offers a free consultation and we would be happy to discuss your options at such time.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Would property in florida valued at $2,000 have to go through Probate?

    Answered 3 months ago.

    1. Lawrence Jay Davis
    2. Dana Laganella Gerling
    3. Eve Winesett Travis
    4. Brendan Bybee
    5. Douglas Ron Coenson
    5 lawyer answers

    Probate would be required in Florida, however if that is the only asset you would be able to do a summary administration that is an abbreviated process. You will need an attorney in Florida to assist you.

    4 lawyers agreed with this answer

  5. How do I research my grandfathers will? I'm in Fl , he lived in NJ

    Answered 10 months ago.

    1. Dana Laganella Gerling
    2. Robert Jason De Groot
    3. Susan A Rooth
    3 lawyer answers

    You would need to post this question to an Attorney in New Jersey. You should try to search the same County or town your grandfather lived to find an Attorney. You typically can find out information from the clerk of court, or surrogate court, related to if a Will had been filed in the County where your grandfather passed away and lived at the time of his death.

    4 lawyers agreed with this answer

  6. "Experienced" Tampa Florida Probate atty flubs 1st try on simple Petition, 30 days to dismissal

    Answered about 1 year ago.

    1. Carol Anne Johnson
    2. Dana Laganella Gerling
    3. Celia R Reed
    4. Dennis Michael Phillips
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    I would recommend discussing the matter with the Attorney so you can clearly understand why the Petition was inaccurate and rejected. Further you should discuss the handling of Attorney fees prior to dismissing the Attorney to ensure you can resolve any issues related to the Estate and avoid excessive fees being charged to switch Attorneys. If you do not feel you can trust your current Attorney, changing to another law firm would be a good idea, but as Personal Representative you do need to...

    4 lawyers agreed with this answer

  7. In a petition for summary admin, what goes in the blank as follows: Petitioner has an interest in the above estate as _________

    Answered about 1 year ago.

    1. David Jule Gruskin
    2. Dana Laganella Gerling
    3. Joseph Michael Pankowski Jr
    4. Joseph Franklin Pippen Jr.
    4 lawyer answers

    You would typically add the relationship of the person who is filing the Petition or receiving the assets. I do think you should be careful in handling a Summary Administration yourself, as the bank can be very picky about what they require in the order.

    4 lawyers agreed with this answer

  8. My mother told me before she past away, that she left me a sum of cash. How am i supposed to find it ?

    Answered over 1 year ago.

    1. Jeramie J. Fortenberry
    2. Dana Laganella Gerling
    3. Adam Troy Rauman
    4. Israel Sands
    5. Eric Jerome Gold
    5 lawyer answers

    I would suggest you try to find her Will, as they may be a devise for you under the Will. Wills become part of the public record once they are filed, so you should check the County clerk where you mother died to see if a Will has been filed. You also may be able to find out the details of any lawsuit from the clerk of Courts and contact the Attorney who represented her.

    4 lawyers agreed with this answer

  9. Does an attorney have to be present at the signing of a will?

    Answered over 1 year ago.

    1. Jeramie J. Fortenberry
    2. Ruth Elaine McMahon
    3. Adam Troy Rauman
    4. Joseph Warren Cannon Boyles
    5. David Jule Gruskin
    6. ···
    8 lawyer answers

    A Last Will and Testament can be valid in Florida when executed by two witnesses and a notary public, all within the same room as the person creating the Will, however there are several other requirements to ensure proper execution. You should be very careful when executing a Will without an attorney, as if the person witnessing has an interest in the Will, it could be contested and ultimately thrown out. Unfortuneatly it is not as simple as just signing the Will and you really do want to...

    4 lawyers agreed with this answer

  10. In Floida this was filed by the PR of my Mom's will. What does it mean ?

    Answered almost 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Dana Laganella Gerling
    3. Carol Anne Johnson
    4. James P. Frederick
    4 lawyer answers

    It does sound like the Personal Representative is trying to wrap up the estate and possibly distribute all assets, however if this was an Order signed by a Judge, a Petition would have been filed with it which would provide you more guidance about specifically what the Personal Representative was asked the court to do.

    4 lawyers agreed with this answer

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