Marc Jeremy Soss’s Answers

Marc Jeremy Soss

Sarasota Estate Planning Attorney.

Contributor Level 12
  1. I am a beneficiary of a POD bank account in Florida. The account is frozen due to a law suite against the estate. What to do?

    Answered 6 months ago.

    1. Marc Jeremy Soss
    2. Astrid de Parry
    3. Joseph Franklin Pippen Jr.
    4. Michael Leo Potter
    4 lawyer answers

    Unless the lawsuit is against you (you are a named party?), with regard to how the POD account came about to have you listed as its beneficiary, then the bank should not freeze the account. Without any legal basis, the bank cant just freeze an account because a lawsuit has been filed. Have your attorney contact them and get the account un-frozen.

    Selected as best answer

  2. I am a resident of Florida. My brother passed and left me $27,000.00 cash. Am I going to owe taxes on this inheritance?

    Answered about 2 years ago.

    1. Marc Jeremy Soss
    2. David Michael Goldman
    3. Steven J. Fromm
    4. Fred Elliott Glickman
    4 lawyer answers

    A Florida estate beneficiary has no obligation for the payment of estate or gift taxes. The Personal Representative (administrator) is obligated to ensure all federal and state taxes are paid prior to making any distributions to a beneficiary. The inheritance will also not be subject to Federal income taxes. Enjoy the inheritance.

    Selected as best answer

  3. What does "No Witness To Will" mean?

    Answered 4 months ago.

    1. Marc Jeremy Soss
    2. David Michael Goldman
    3. Carol Anne Johnson
    3 lawyer answers

    It means that the Will did not contain the requisite two witnesses as required under Florida law. As a result, the document is not being accepted into probate by the court. Unless a properly signed and attested document is located and filed with the court, it will be viewed as if your half-brother died intestate (without a Will).

    10 lawyers agreed with this answer

  4. Dad passed. House in Mom and Dad's name still. Mom wants me to have house. She does not have a will and I also have a brother.

    Answered 10 months ago.

    1. Marc Jeremy Soss
    2. Paula Brown Sinclair
    3. Cheryl Rivera Smith
    4. Cindy M Campbell
    4 lawyer answers

    Your Mom is correct that if she puts both of her children's name on a bank account it will pass to them. What she is not considering is that if either one of you should gets sued, the bank account could be attachable. In addition, if the account is jointly titled, any account signatory could withdraw all of the funds at any time. It would be better to name you both as "pay on death" beneficiaries of the account. Probate usually takes 6 months to complete (there is a 3 month creditor claims...

    10 lawyers agreed with this answer

  5. If one of the benes on a TOD account dies prior to owner, owner did not rename a new bene. What happens to his bene's portion?

    Answered almost 2 years ago.

    1. Marc Jeremy Soss
    2. Steven M Zelinger
    3. Brian Michael Malloy
    3 lawyer answers

    This answer is based upon the limited information provided in your question. Assuming there is three or more beneficiaries named on the TOD account, then the surviving beneficiaries will inherit the account and divide it based upon the number then living. If two beneficiaries were named and one predeceased, then the surviving beneficiary will solely inherit the account. If only one beneficiary is named and they predecease the account owner, the TOD fails and the account becomes a probate asset.

    10 lawyers agreed with this answer

  6. I am leaving all I have to my brother in my Last will and Testament.

    Answered almost 2 years ago.

    1. Marc Jeremy Soss
    2. Marcos P Martinez
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    After the Personal Representative for your estate is appointed, he or she will publish a Notice to Creditors in the local paper. The Notice will run for two consecutive weeks. All creditors will have a three month period, from the date of the first notice being published, to file a creditor claim against the estate. If a creditor fails to file during this 90 day window, any claim they may have will be terminated.

    9 lawyers agreed with this answer

  7. Can I still get the money?

    Answered almost 2 years ago.

    1. Marc Jeremy Soss
    2. Liz Consuegra
    3. David Chastain Agee
    4. Abel Lopez
    5. Shawn C Newman
    5 lawyer answers

    Since she passed away over two years ago you can file for Summary Administration and obtain all of the funds remaining in her account(s). In most cases, Social Security will withdraw any overpayments that it makes (assuming it is aware of her death). If it has continued to pay her, during the two year period, I would notify them of the mistake so they can take back the benefiits that were not owed to her.

    9 lawyers agreed with this answer

  8. My father passed Aug 3, 2012 with no will or power of attorney. What rights do my sister and I have in decision making?

    Answered about 2 years ago.

    1. Marc Jeremy Soss
    2. Barry A. Stein
    3. Douglas Ron Coenson
    4. Matthew R. Rheingans
    4 lawyer answers

    Since your father was not married, at his death, and died without a Will (called "intestate"), the only individuals who have rights to his estate are his living children. Your ex-step-mother has NO legal rights to enter your father's residence or grant anyone else access to it. All assets in the residence are estate property and would pass solely to his heirs (the 3 surviving children). You should engage legal counsel and file for Probate as soon as possible. You will need a copy of his...

    9 lawyers agreed with this answer

  9. My Mother passed on 11/25/11. The will was never filed with the county (Volusia County, FL). Can I contest the will?

    Answered almost 2 years ago.

    1. Marc Jeremy Soss
    2. Robert E. Millsap III
    3. Joseph Franklin Pippen Jr.
    4. Astrid de Parry
    4 lawyer answers

    Since her Will has not been filed or probate commenced, you should file a caveat with the court. That will protect you (by requiring that you receive notice) in case the Will is deposited with the court or probate attempted. However, in light of the fact that nothing has taken place in nine plus months, all of her accounts and assets may have been jointly titled with him. If that was the case, then no probate will be required and everything would pass to him automatically by operation of law.

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. How many witnesses are required on a Last Will and Testament in Florida?

    Answered 6 months ago.

    1. Gregory Herman-Giddens
    2. Marc Jeremy Soss
    3. Cristin Jenise Silliman
    4. Sabina Tomshinsky
    5. Brandon Robert Bytnar
    6. ···
    8 lawyer answers

    Two witnesses and a notary public should witness and stamp your Will (to make it self-proving). I agree with the earlier comment that you are making a big mistake by doing it yourself. Most internet or store bought forms do not comply with Florida law and cause more problems then they are worth.

    8 lawyers agreed with this answer

Call now for a free consultation.

941-928-0310