Jeffrey Scott Goethe's Answers

My mother's name and my name are on the deed to the house. She is elderly/sickly and is seeking help from various entities.

What you are thinking about doing has a lot of potential problems. It is not as simple as adding or removing a name. It could be considered a gift that affects your mother's eligibility for public assistance. It could be considered a change in ownership that affects your homestead property tax exemption. It might be considered a change in ownership that triggers documentary stamp taxes due to the Florida Department of Revenue. Some government assistance programs allow you to retain ownership...

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Mesothelioma settlement and probate estate

In addition to the considerations raised in the prior answers, there is one other possibility. If the basis for the claim is a wrongful death under Florida's Wrongful Death Act, the outcome could be diferent. Florida's wrongful death statutes can be confusing because they require that a wrongful death case be prosecuted by the personal representative of the estate, but certain survivors, not necessarily the estate, are entitled to share in the money recovered. As noted in the second answer, if...

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Can a check made out "to the estate of..." my Mother, be deposited in my checking account?

I'm sorry for your loss. In addition to the prior comments, I'd add a few things for you to consider. The power of attorney was no long effective the moment your mother passed away. Your mother's spoken intentions are not legally binding. Without a will, the Florida statutes determine who is entitled to her assets, including the insurance refund. As part of the formlal probate process, you could possibly make a claim for the medical expenses you paid if there was an understanding that...

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My father died when i was 15, i am now 36. I have never seen his will and wonder if i was entitled to anything.

The Florida probate procedures are designed to give people notice if their rights are affected by a probate proceeding. If you were only 15 whenn your father died, it is possible that someone could have been able to act on your behalf. If there was a probate proceeding and you were a beneficiary under the will, or you were a beneficiary because your father did not have a will, you should have received some type of notification. It is possible that your father owned everything jointly with...

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My mother's will gives my sister residential rights till such time as the home is sold, but names me as executor

A licensed Florida attorney can tell you about the unique aspects of Florida law. One aspect is the way that a Florida resident's home is treated after they die. Even though one part of the will might permit the personal representative to sell, mortgage, rent, etc., Florida homestead is often treated very differently. (I'm talking about probate homestead which is not always the same as homestead for property tax purposes.) In many cases, the heirs are treated as owning the homestead...

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What recourse do we have at this time in a trust payout?

The Florida Trust Code has many protections for the beneficiaries of a trust, including a full accounting of all of the transactions involving the trust assets. The Florida Probate Code has similar protections for beneficiaries in estates. If the trust is the only beneficiary under the will, but the trustee is also the personal representative, the Florida Probate Code requires that you be treated as a beneficiary and recieve an inventory of the estate and an accounting. In this forum, it...

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Does a life tenant have the oblgation to probate the estate for the remainderman?

Although your quesiton has an easy answer, "No", there is a lot more to it than that. If a Florida resident owns a home in their name alone and they are survived by a spouse and either children or grandchildren, the surviving spouse is entitled to a life estate. There is probably a need for probate to handle things like insurance, property taxes, utilities, and mortgage payments. Without probate, there is no evidence that the surviving spouse is now the owner. As one example, the...

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House was in Probate in 1996 since then 2 people have died leaving 8 people left on the will

If I understand the facts correctly, The house was left to 10 people. Normally, when a will gives property to a group of people, they become owners as "tenants in common", meaning there are no survivorship rights. In your example, each person would have received a 10% share when the original owner died. If 2 of the 10 owners have since died, their estates would have to be probated, not the original estate. If you are one of the owners, you should go to a local attorney who handles...

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Contract for deed / Agreement for deed

You need to take all of the documents to a licensed Florida attorney. If there truly is an "agreement for deed", Florida law will probably treat it just like a mortgage and require that it be foreclosed just like a mortgage. If you are the person who agreed to sell the property under an agreement for deed, you might get an eviction order, but you'll find out later when you try to sell the property that you should have gone through the foreclosure process. If you ar ethe person buying under...

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I have title to land in FLA; not in my name. I have a notarized quick claim deed stating this is my land. How can I change name?

In Florida, there is no such thing as a "quick claim deed." A "quit claim" deed can pass title but it must be signed correctly, must (1) signed by the right person or persons, (2) must be witnessed (2 witnesses are required) and notarized; (3) must describe a grantee capable of taking title, (4) must accurately describe the land, (5) must be delivered - which is not proven conclusivley until it is recorded in the official land records, and (6) must contain the appropriate language reflecting a...

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