Sallie D. Skipper’s Answers

Sallie D. Skipper

New Port Richey Probate Attorney.

Contributor Level 6
  1. I'm a widow and have a Revocable Trust backed up with a Will.

    Answered 10 months ago.

    1. Brandon Robert Bytnar
    2. Sallie D. Skipper
    3. David Michael Goldman
    4. James D. Wade
    5. David Michael Platt
    6. ···
    8 lawyer answers

    Congratulations. You and your fiancé should consult with attorneys regarding a prenuptial agreement. If you wait until after the marriage, then there is a higher degree of disclosure, more detail to cover, and more expense. After the marriage, each of you will have rights to and in the estate of the other. Some are by operation of law, some are by filing an intent, and still other rights are through an elective share option. You would also be entitled to a family allowance during the...

    10 lawyers agreed with this answer

  2. Can I be my dad's estate executor if I am on administrative probation from a non adjudicated misdemeanor in Florida?

    Answered 10 months ago.

    1. Sallie D. Skipper
    2. Kenneth Mac Bracewell Jr.
    2 lawyer answers

    Condolences for the loss of your father. There are several ways to remove a personal representative (executor) after appointment. The statutory list is available to you and to your sibling. As for appointment in the first place, the court will not consent to you serving your father's estate if you are a convicted felon - not misdemeanor. You must retain an attorney to commence an administration and to ask the court to honor your father's wish that you be appointed. Your attorney will discuss...

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  3. The only asset my father had was a small checking account...do i have to go through probate?

    Answered 8 months ago.

    1. Sallie D. Skipper
    2. Robert Jason De Groot
    3. William H. Davie II
    3 lawyer answers

    Based on your information, the cresitors'' period – or period in which some company who claims to be owed money – expires two years from the date of death. You need not worry about any credit cards or medical bills if the creditors did not open an estate. What Wells Fargo is referring to is the statute for "disposition of property without administration". It is one of the two situations in which you do not need a lawyer. If dad died in Hillsborough County, then taking his paid funeral bill and...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. How are proceeds from a wrongful death lawsuit handled, deceased is the victim of the wrongful death claim.

    Answered over 1 year ago.

    1. Christopher Quinn Wintter
    2. Eileen D. Jacobs
    3. Sallie D. Skipper
    4. Todd J Stabinski
    5. Carol Anne Johnson
    5 lawyer answers

    Florida Statutes provide guidelines for which portion of a wrongful death settlement are estate assets, and which are a personal injury settlement. It is a complicated matter which can be unraveled for you by your team of the Probate Attorney working with the Personal Injury Lawyer. You should also involve a certified public accountant in that team; and, you should determine the allocation before the personal representative signs the final documents accepting the wrongful death settlement. You...

    5 lawyers agreed with this answer

  5. My mom died 5 years ago .Her 2nd husband my step father just died. My sister could only find their wills from 1970s. She took

    Answered over 1 year ago.

    1. Sallie D. Skipper
    2. Barry A. Stein
    3. Carol Anne Johnson
    4. James P. Frederick
    5. Celia R Reed
    5 lawyer answers

    It depends upon the reliability of that "evidence". Your lawyer will know how to conduct a diligent search for the trust documents.

    5 lawyers agreed with this answer

  6. In Florida Probate law, Does the estate pay for title transfer fees of a vehicle to the beneficiary?

    Answered over 1 year ago.

    1. Marc Jeremy Soss
    2. Sallie D. Skipper
    3. Steven M Zelinger
    3 lawyer answers

    The other lawyers are correct. There is no statue or rule exactly on point; however, if like real property, then the estate should pay for the title transfer and you should pay for the tag and insurance. Those benefit you, and not the estate. Also, don't be surprised if the personal representative needs verification of insurance before you drive away. He is only doing his job protecting the estate.

    5 lawyers agreed with this answer

  7. If I purchase a home that has a lien from a prior relative that passed away, am I responsible for lien?

    Answered 10 months ago.

    1. Carol Anne Johnson
    2. Sallie D. Skipper
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    It is not required by law, but the standard in the real property community is for the Seller to provide to the Buyer with title insurance. Title insurance will guarantee you clear title, describe liens, if any, and defend you if there is a problem. It is not your job to investigate potential liens. The Seller is supposed to deliver good title (and insurance is highly recommended). This response to your question is not intended to be a substitute for a legal opinion about your situation or the...

    4 lawyers agreed with this answer

  8. How does one transfer probation restitution payments to a surviving spouse?

    Answered 11 months ago.

    1. Sallie D. Skipper
    2. Joseph Franklin Pippen Jr.
    3. Marian Audrey Lindquist
    3 lawyer answers

    First, please accept sympathy for loss of your husband. As to your dilemma: A lot depends upon whether he had a prior will (not the one that was incomplete) and when it was signed (before or after your marriage) and whether you had children together or if he had children before he married you. Complicated answer to your question. Isn't it? The short answer is that you must petition the court to be appointed executor (Florida calls it a "personal representative"), and see where you go from there....

    4 lawyers agreed with this answer

  9. In Florida, can a husband married to the same woman for over 13 years sign over his assets to others upon his demise? Thanks

    Answered 8 months ago.

    1. Carol Anne Johnson
    2. Astrid de Parry
    3. Sallie D. Skipper
    3 lawyer answers

    This is a good example of why such marital agreements, in Florida, must be in writing with two witnesses. That is the short, simple response. She cannot hold him to oral promises. The other lawyers are correct about the surviving spouse - whichever that may be - having rights, and among them is an elective share of the estate of the first to die. These are complicated, and do include a variety of assets, in addition to household personal property, a life interest in the homestead, and an...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can a POA (daughter of the accident victim) distribute funds from his bank account, at his wishes, before his death?

    Answered over 1 year ago.

    1. Heather Morcroft
    2. Carol Anne Johnson
    3. Sallie D. Skipper
    4. Celia R Reed
    5. James P. Frederick
    5 lawyer answers

    I think your question is whether the agent of a power of attorney can LAWFULLY make that gift to herself. From what I see, and without all the information, my response would be: probably not. The other attorney's comments regarding a transfer of wealth to avoid payment of creditors are correct. Also, for two reasons, it sounds like the accident victim did not have an attorney for the settlement: one, the settlement went directly to the victim; and two, it does not appear that the bills were...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

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