Archived
Senior Florida resident with rental property in Massachusetts. Being subjected to legal attacks from wealthy mentally ill son.
David's answer
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Answered on May 01, 2017
Your issues can be addressed but more information would be required to determine if a Florida Asset Protection trust or trust and LLC would be...
Archived
Can a Personal Representative begin renovating real property during the probate process?
David's answer
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Answered on April 28, 2017
YES you can, but there is a risk. Technically either 50% or a life estate belongs to his wife even if she moved out. You should resolve that...
Petition to partition mediators
David's answer
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Answered on April 28, 2017
No, the courts or mediators cannot force your sister to accept "the buyout offer" but can order a partition and force the sale of the property. ...
Archived
Is summary administration okay in my situation or do i need a full formal probate.
David's answer
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Answered on April 26, 2017
If the decedent died more than 2 years ago or there is less than $75K to be probated, a summary administration can be used.
How do I dispute a joint account for undue influence so my grandfather's trust can be honored?
David's answer
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Answered on April 24, 2017
Step 1 - Hire an attorney
Step 2, Let your attorney do the dispute.
Archived
Does a last will and testament have to be notarized in the state of Florida?
David's answer
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Answered on April 24, 2017
No a will only requires 2 witnesses, but if it is self proved it is a simpler process to prove the will in the probate case.
Archived
What is necessary to ensure an inheritance does not become a part of marital assets in the case of divorce?
David's answer
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Answered on April 21, 2017
You should have your father update hs estate planning docs to keep the assets separate. Other than that, dont commingle them or use them to support...
Archived
Can an executor instruct the attorney handling a case to not give a certain sibling information?
David's answer
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Answered on April 18, 2017
The attorney for the estate has no obligation to provide anything other than the inventory and accountings and copies of documents filed with the...
Archived
Who has legal rights to a estate if the owner dies without a will?
David's answer
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Answered on April 18, 2017
Her spouse, if none, then her kids or their children. You may be entitled to some offset for taxes, to the extent they are more than rent.
Archived
Do I need a probate lawyer to have an estate transferred in my name?
David's answer
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Answered on April 18, 2017
Open a probate, obtain an order determining homestead and once the property is in your name you can receive the homestead tax credit going forward.