Skip to main content
Dana Laganella Gerling
Avvo
Pro

Dana Gerling’s Answers

115 total


  • Can a person working overseas make a Power of Attorney applicable to California.

    A friend is employed on a assignment overseas but his bank accts are locked in the California. Can he make a Power of Attorney for me to administer his accounts in CA. I am in Florida.

    Dana’s Answer

    You really should consult an Attorney in CA, as that is where the Durable Power of Attorney should be created, not Florida. Further the Attorney in CA will most likely require that your friend contact them directly to prepare the document. There should be no reason that your friend should not be able to create the Power of Attorney appointing you.

    See question 
  • Do I need to update my will if my daughters address changed? She still lives in the same city.

    She lives in Libertyville, IL and I live in Auburndale, FL. Nothing else needs to be changed.

    Dana’s Answer

    Typically your Will is not going to include your daughter's address, however it does, you won't necessarily need to amend your Will but should consult with the Attorney that created it so you update their records. You should also add something in the location where you hold your important documents to reflect all of your beneficiaries current address and contact information.

    See question 
  • I have rewritten my will and need to show that I also amended my Revocable Living Trust.

    I have rewritten my will using the exact verbiage from the original. I am amending various allocations. I also, amended my Revocable Living Trust for the 2nd time and will have it notarized as I did the last time. I need to know how I show in my ...

    Dana’s Answer

    The laws of Florida related to execution of Estate Planning documents can be complicated and just adding words to the top of your document is not enough to make it effective. You really need to consult an Estate Planning Attorney to assist you with making the change. The worst case scenario is that your change is not valid and your amendment not effective. The loss is far more than having an attorney handle the same for you.

    See question 
  • What are the standard fees for a probate attorney?

    Need to request administrative decision. Have copy of Will on file. No original can be found.

    Dana’s Answer

    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.

    See question 
  • Does Power of Attorney become void upon death - is a Last Will always needed??

    I have a Power of Attorney . Do I need a Last Will

    Dana’s Answer

    Power of attorney does with you so you should consult an Attorney about creation of a Will. It is important you are able to choose who you want as Personal Representative and where you want your assets to be distributed.

    See question 
  • Would property in florida valued at $2,000 have to go through Probate?

    My sister (Minnesota) is heir to piece of "scrubland" in Florida valued at less than $2,000. Can she just transfer the property title (free and clear) to her kids or does it need to go thru probate? They are in middle of probate now, but Minn...

    Dana’s Answer

    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.

    See question 
  • My father past away in dec and my two sister are appoint is power of attorney the money has been divided between 7 children and

    how do i know who writes the checks because i never recieved mine and my sister wont talk to me but i know one of my sister got her check i can't even get a copy of the ending of how much it was in total to see if it was done fairy

    Dana’s Answer

    I am very sorry for your loss. A Power of Attorney would have no authority after your father past away, so if transfers occurred during life and they were wrongful, that would be different than what would happen in Probate. If the matter went through Probate, the Personal Representative would have had to provide you notice of proceedings and all the information related to how the money was spent.

    See question 
  • My father died about 10 years ago, with a Will and I just found out that I may have 31k sitting in unclaimed funds?

    sure if my dad had a will or not, we were estranged. I live in New york and this was in palm beach...how can I find out if there is money out there for me?

    Dana’s Answer

    I agree with my colleagues, you need to see if a Will has been filed in the County where he resided and if you are listed as a beneficiary and/or Personal Representative. If there was not a Will, you should then consult with an Attorney to learn of your rights and you will need to open a Probate to be able to claim the funds from the State of Florida that are being held. An Attorney should be able to provide you more details of exactly what is being held on your father's behalf.

    See question 
  • What happens if you cannot attend surrogate court regarding a probate citation, but sill want to contest a will?

    I live out of state and the court citation is for the state of New York.

    Dana’s Answer

    You will need to address this question to an Attorney in NY for assistance, as Florida law will be completely different and you want to ensure you adequately protect yourself. I would recommend posting this question to Avvo attorneys in the county in NY the matter is being handled.

    See question 
  • If I write my own will and have it notarized , is it legal ?

    I have a child that I am leaving out of the will, can they protest the will?

    Dana’s Answer

    You never know what you don't know and it is very risky to create your own Will and ensure that your wishes will be followed. You really should consult an Attorney to ensure that everything is pursuant to Florida law and that the document is properly executed. It is not as simple as just signing and notarizing, Florida law requires much more than that.

    See question