Skip to main content
Howard Marshall Rosenblatt

Howard Rosenblatt’s Answers

1,867 total


  • I need a trust attorney and guardianship attorney? Here in Naples Fl

    Howard’s Answer

    This actually may also be a guardianship question since you are the wife's legal guardian. My first thought though is to change banks. As POA on his accounts and legal guardian for her, you should be able to present the POA (which I hope is Durable) and your letters of Guardianship and move the money. If they refuse, find a Trust or Elder law attorney in Naples and she or he will tell you how to enforce your power. You can look on Avvo or call The Florida Bar for a referral to an attorney in your area who does this kind of work.

    See question 
  • I have POA from my mother. Can I act against her wishes even if her wishes arent in her best interests?

    Howard’s Answer

    I like Ms. Foster's answer, but I would recommend consulting a lawyer to determine whether this is an eviction or an ejection. The question may be whether there was a "rental" agreement between your nephew and your mother.

    See question 
  • Am i allowed to move out at 16 without having to go through a courthouse to get emancipated?

    Howard’s Answer

    The longer answer is that your parents can agree to let you move out under certain circumstances, but you will not be emancipated until you become an adult. You will remain their responsibility so while they may let you move out, they can still put restrictions on what you can or cannot do. They will also have to approve of your new accommodations as they are still legally responsible for you.

    See question 
  • How to transfer real property upon death?

    Howard’s Answer

    Why not? You can do a lady bird deed on any real estate. Have an estate planning or real estate attorney prepare the deed, so it's done correctly.

    See question 
  • How can I change the executor of my will?

    Howard’s Answer

    Do a codicil to the Will naming the person you want to be your Personal Representative. We don't use the term executor in Florida. You will need an estate planning attorney to make sure the codicil is written and executed correctly per Florida law.

    See question 
  • How can I find my father's last will?

    Howard’s Answer

    If she opened a probate or just filed the Will with a death certificate as required by law in Florida, it's in the public records. If she didn't, you can open a probate (through an attorney) and claim he died intestate and children of a previous marriage are entitled to 50% of the estate. If she then produces the Will, it will then be in the public records and you can get a copy.

    See question 
  • If I add my kids to a quick claim deed on the house would they then own it at time of death ?

    Howard’s Answer

    I think all 3 attorneys who have responded before me are correct; however, Mr. David and Mr. Gunthert gave you the best answers. Rather than use a quit-claim deed you should use either a life estate or enhanced life estate deed to convey the property to them upon your death without going through probate. They will (under current law) still get a stepped up basis for tax purposes, avoid probate and take title upon presenting (filing) your death certificate in the public records. You should have an estate planning or real estate attorney prepare the deed so that it's done correctly.

    See question 
  • Should i get a lawyer ?

    Howard’s Answer

    The fact that you felt the need to ask this question means the answer is "yes". You may not need the lawyer for much since I assume your sister hired a lawyer to handle the probate and the attorney will be handling the closing on the property; however, having your own lawyer assures you someone is watching over the proceedings to make sure everything goes smoothly. It will be well worth what your lawyer charges to give you peace of mind and assurance that any issues are resolved quickly. Since her lawyer will be doing most of the work, your costs should be minimal (unless there are problems).

    See question 
  • On a POD bank acct, I have named 2 beneficiaries. Upon my passing can one of the beneficiaries disclaim their inheritance'

    Howard’s Answer

    It depends on how the POD reads. Usually, once the owner dies, the money belongs to the POD beneficiary. If the POD names the two of you as Joint tenants with Rights of Survivorship, either beneficiary can go to the bank and take it all. If your benefactor names the two of you as JTWROS, no disclaimer should be necessary, but if you are tenants in common, each of you owns 1/2 of the account. The other way is to change the POD from "and" to "or".

    See question 
  • My aunt passed away last January, Uncle is named executor and hired probate attorney and both are hiding everything ?

    Howard’s Answer

    AS a beneficiary of your aunt's estate, your mother is entitled to information. Hire a probate attorney to pull the probate records and share them with her and advise her what to do next. It may not require litigation, but it might.

    See question