Marc Jeremy Soss's Answers

Florida law and estate planning/wills/probate

Under Florida law, a beneficiary of a probate estate has an entitlement to disclosure of estate assets, liabilities and status of the legal proceedings. This information should be provided to you by the Personal Representative. If you are not receiving this information, after formal written requests, you can petition to have the Personal Representative removed for failing to fulfill their fiduciary obligations to the estate beneficiaries. I would sent a written request for the information,...

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Can a codicil to a will be drawn up, signed in front of a notary and have legal precedence over an existing clause?

To be valid, a codicil must be executed with the same formalities as a Last Will and Testament. Merely executing the document before a notary public is not sufficient. It needs to be executed before two witnesses and a notary public and include an attestation provision that is also executed. Please utilize the services of an attorney to ensure it is done correctly.

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Does tenets of entireties protect your second home in Florida for non residents

Tenants by the entireties reflects ownership by husband and wife. Since you have joint names on the title a creditor of only one of you will not be able to take possession or force the sale of the property (without the consent of the joint owner). Without the benefit of first reviewing the document I can advise you that you are protected. Please feel free to contact me directly to discuss in greater detail. I am also licensed in CT and RI.

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Can a person being a personal rep in probate [ no wiill ] have someone else helping him.

An individual with a felony may not serve as the Personal Representative of an estate. If he is appointed, you can immediately challenge his appointment since he is not qualified under the Florida Statutes. You may want to file something with the court to prevent him from being appointed. A Personal Representative may engage individuals to assist him/her with the duties. Typically an attorney, accountant and real estate agent may be engaged by them. Please feel free to contact me with any...

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My father passed away recently. This is in Florida.

It sounds like, from your description, that this was a second marriage and no pre-marital agreement was in place. You did not specify how the women left them "a huge amount of money and a home?" If it was through her Will, then the home should have been titled into their joint names. The funds could have been deposited into a joint bank account or either one's personal account. Assuming the home was retitled into both of their names, she would have required a deed from husband to retitle it...

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My mother inherited a home in pasco county from her friend (he died in may 2011)

Your mother should contact the county tax assessor and immediately apply for "homestead" status. This will protect her against property tax increases. She should also ask them for a list of available exemptions to see if she qualifies (disability, blind, etc.). They are usually very helpful. You can also look on their website to learn more.

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My mother's house was sold to us ( 4 children) for $1.00 back in 1994. my mother passed in 2010 our mother's wishes was for

Your simple question does not have a simple answer. If the younger sister refuses to join in the sale you will have to file a partition action against her and have the court force the sale of the property. You can have all your legal fees accessed against her share of the ultimate net sales price. You will need an attorney to assist you with this process and it is bound to cause friction among the siblings.

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Should I reopen the probate in Florida for my deceased husband?

Sounds like the bank gave you a run around. Unfortunately, you will need to re-open the prior probate estate in order to get access to the account. The bank will probably require a Personal Representative be appointed to access the account. However, once you have liquidated the account, if the estate value is below $75,000 you could convert the Probate proceedings to Summary Administration and close the estate promptly.

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Another Probate Question...

While the probate process can take a long time, under certain circumstances, you need to retain a lawyer to inquire what is taking so long to administer the estate. There is no specific Florida form, except a personal letter to the Judge (with a copy to your sisters attorney) expressing your concerns about the estate.

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Do all Florida attorneys charge a fee for probate administration based on probate assets or do some firms charge a set $ fee.

Every attorney handles probate fees differently. If you believe a fee is too high you should consult with at least one other attorney for comparative purposes. Many clients prefer a flat fee so they know what it will costs before they begin the process.

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