Lee Carr’s Answers
72 total
Before a consult, is it reasonable to request basic prices from estate planning attorneys re: fees for creating wills/ trusts ?
Lee’s Answer
I'm one of those that would quote a flat fee only after a consult. I charge flat fees for estate planning but not every flat fee is equal. Some estates are fairly simple and some are very complex. The planning options I would offer are impossible to know until I consult with the potential clients.
I need help getting a piece of property my mother owned into my name from the estate. There is no will and 2 other siblings.
Lee’s Answer
You'll likely need a probate attorney's assistance. Summary Administration is the process by which the court transfers probate property directly to beneficiaries. In your case, because there is no will, you and your siblings are the beneficiaries. At the end of the Summary process, you and your siblings will own the property equally. If everyone can agree on the sale and you paid expenses related to the property yourself, you can be reimbursed for those costs at closing.
Are there any low cost/flat fee probate lawyers for summary administration ?
Lee’s Answer
Our firm handles summary administrations on a flat fee basis under many circumstances. Please contact us.
I have to transfer guardianship of my 9 yr old grandchild whom I have had since 18 months of age from Co. to Fl how do I do thisARCHIVED
Lee’s Answer
Hello - you would petition the court to open a guardianship in the County in which you and your grandchild live. You will need an attorney who will prepare the petition and your application to be the guardian. Normally, this is not a complicated process but in this case you are the grandparent. In Florida, natural parents have priority of appointment as guardian of their children. If the parents are deceased you simply include proof of their death at the time of filing. If there are other circumstances surrounding the relationship between the minor child and his or her parents, they will need to be addressed with the Florida court.
We have Wills Husband and Wife. Joint ownership Home Bank Accounts Cars Does that need to go thru probate. I'm Guessing but I doARCHIVED
Lee’s Answer
Your joint ownership arrangement avoids the need for probate for one of you. Probate is necessary when an asset is titled in an individual's name (with no beneficiary designations) at the time of their death. So, if you were to predecease your spouse, then your spouse would become the sole owner of your jointly-titled assets at the time of your death. But without more planning, at his/her death, those assets in his/her sole name would be subject to probate. And, we would use his/her will in probate.
Why does my grandson need to be served papers because his mother and I are filing for guardenship ARCHIVED
Lee’s Answer
The guardianship process involves removing certain rights from your grandson and delegating some of those rights to you and his mother, (the proposed guardians). Your request to have those rights removed cause you to be adverse to him which is one reason he is entitled to a court appointed attorney and notice of the proceeding through service. If you believe that it would be harmful to him to be served, you may be able to arrange to have his court appointed attorney accept service on your grandson's behalf. You should have your attorney advise you.
Can the court waive an annual guardianship plan in a guardian advocacy case?
Lee’s Answer
Yes, but often the court requires a petition asking to waive the annual accounting. You stated the court has waived them previously so it should not be a problem.
What is the duration of Temporary Guardianship in the state of FL?
Lee’s Answer
According to Florida law, an emergency temporary guardian's authority ends within 90 days of appointment unless good cause can be shown why it should be longer. It could end sooner than 90 days if a permanent guardian is appointed.
Can we start a probate case in Hillsborough county to get the house in our name?ARCHIVED
Lee’s Answer
My condolences on your loss. I see in your comments that she passed away in St Pete Beach. Is this where she lived? Probate proceedings are typically initiated in the County in which she lived. So, if she lived in Pinellas County, we could open her estate in Pinellas County to deal with the homestead property you describe together with any other assets in her name individually at the time of her death. You should speak with a probate attorney for more information and get things started.
I would like to set up a living trust, so that when I am gone he will be able to have all of my estate. Everything.ARCHIVED
Lee’s Answer
Trusts are a great way to leave property upon death but you should also consider planning for incapacity. If something happens to you and you are not able to manage your own affairs you should also have a durable power of attorney, designation of health care surrogate, and living will. This will create a well rounded estate plan. Consult with a local estate planning attorney to discuss how the plan can be set up to fit your needs.