Archived
2nd marriage, adult kids. Real estate and investments joint owned. Upon death what's the division of property?
David's answer
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Answered on April 24, 2015
There are different forms of Joint ownership. Tenants in common, Joint tenants with rights of survivorship, and Tenants by entireties.
If there...
Archived
Desire to draw up a 'Will' leaving my home to my live in girlfriend.
David's answer
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Answered on April 24, 2015
Your wife will have homestead rights to your house.
Archived
What is the statute of limitations for foreclosure on an empty residential lot? I have been delinquent on payment since 04/2008
David's answer
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Answered on April 23, 2015
Safely you could say any payments that are over 5 years old cannot be enforced. Beyond that, it depends on many other factors and will probably...
Archived
How do we get our sister's name listed with ours on the Deed to our property
David's answer
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Answered on April 22, 2015
This could disqualify you from Medicaid coverage if you needed care. In addition, it is a gift and would cause a gift tax return to be filed...
Archived
Do I have to pay a fee to be the executor of my deceased adult child, in the state of Florida
David's answer
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Answered on April 22, 2015
You are really asking 2 questions. 1) Do I need a probate and 2) will I need to pay for a probate.
The answer to both require more information....
How to get guardianship from my nephew living in Florida, I live in Michigan. He is in foster care now.
David's answer
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Answered on April 16, 2015
You will probably have to wait until parental rights are terminated, but you should talk with a Florida lawyer about what your options are.
Can a Judge force a settlement?
David's answer
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Answered on April 16, 2015
Generally, consent is required by those who will be affected before a judge will permit a change in the distributions. The third party does not...
Archived
WHAT HAPPENS IF 3RD SIGNATURE ON SELF-PROVING WILL AFFIDAVIT (FL) CANNOT BE VERIFIED?
David's answer
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Answered on April 16, 2015
Depends what the judge wants to do. Only 2 witnesses are required to make a will valid, so it should not have an effect. You should have your...
Archived
I was an administrator to an estate and have been temporarily suspended and a new administrator has been appointed to
David's answer
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Answered on April 16, 2015
If the court appoints a new administrator, you need to talk to a probate or estate litigation attorney soon. Not clear if there is a new trustee...
Archived
Property joint ownership, but mortgage on his name. Is probate needed?If not then how to transfer mtg to sole surviving spouse?
David's answer
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Answered on April 15, 2015
Generally, you can't. You can refinance the loan, but there is nothing to stop you from making payments. If the home is upside down, and you were...