I left my husband more than 10 years ago, we are not divorced, we have 1 biological child over 21, and he has a will that excludes me entirely. Am I legally entitled to anything? My name is not on the deed to the house, but is on a second mortgage...
I agree with Attorney Modica.
Did you sign a prenuptial or postnuptial agreement or any other kind of documentation waiving your rights to your husband's estate and/or assets?
Does your husband have any minor children?
Does your husband live in FL?
terminate temporary guardianship in Florida?
I agree with Attorney Hoffman.
What sort of form did you find online? Was it a power of attorney for minor child? If so, then you may need to do a written revocation showing that your terminate the authority.
Most (if not all) legal guardianships are Court ordered.
My mother is filing a Florida durable Power of attorney for my grandfather who is ill (she will be the agent and my grandfather the Principal). Can I sign as a witness in the power of attorney?
It is strongly advisable that an estate planning attorney prepare the durable power of attorney. They will make sure that it is drafted properly and executed/signed in accordance with the law.
If you are already working with an attorney on this matter, they will be able to advise on what needs to be done to make sure it is signed properly and, more likely than not, will have their own witnesses to alleviate your concern as to whether or not you can sign as a witness.
Most estate planning attorneys do not charge a lot of money for a durable power of attorney. It is worth going to an estate planning attorney to make sure the durable power of attorney is done correctly.
Im an only child and my father left me everything in his will. I have handled multiple things with this will. He is from Idaho and I live in Florida. He has a truck that I brought back with me that has a loan that I am trying to sell to a dealersh...
Have you tried going down to Tag and Title with the Will and a Death Certificate to get the title switched over to your name. Although I am not sure that the Tag and Title office has the authority to transfer title without a probate of some sort, I have heard that many people have been successful in getting the title switched over this way.
Otherwise, the only way that you will be able to get the state to acknowledge that the Will is valid, is to do a probate of some sort and have the Court admit the Will to probate (ie acknowledge the Will as valid).
It is likely that you will need a probate of some sort to gain access to your father's bank account as well.
Just because you are the only child and there is no spouse, doesn't mean there is no point in filing a probate. A probate is required anytime there are assets titled in a decedent's name that did not pass to a beneficiary by beneficiary designation or to a joint owner by rights of survivorship.
I would suggest that you schedule an appointment with a probate attorney to discuss your options with this matter.See question
Distribution of assets mother to daughter from pension and life insurance since the death of he father. She is 18 now. She is beneficiary on 2 policies and the pension. They are not in a trust.
I'm not sure I understand your question.
Are you wanting to know if you can pay the mother for the care she provided to her daughter over the past 4 years from funds the daughter will be receiving from an inheritance from the daughter's deceased father?
If so, are you talking about day to day care for the daughter?
Was there a guardianship of the property established as a result of the daughter having been a minor and a recipient of the inheritance from her deceased father?See question
I am a retired senior citizen who moved to Florida from Wisconsin 10 years ago when I retired. I have a will and a durable power of attorney for making health decisions in accordance with Wisconsin law. I am no longer a Wisconsin resident and own ...
It is always a good idea to have your estate planning documents reviewed by an estate planning attorney when you move to another state to make sure that the documents will meet your needs, intentions and goals. I would suggest that you consult with an estate planning attorney in FL as well as NC to review everything and make sure your documents still meet with your needs, intentions and goals at this time.See question
My wife and I live in Florida and are in our late sixties.We own a home and vehicles plus savings and checking accounts.
It all depends on the assets and your estate planning goals and intentions.
For instances, if you want to have your vehicles to go to the surviving spouse and avoid probate when the first spouse passes away, then you will want the title to the vehicles to be Husband "OR" Wife names. But that would not be the same way you would want to have the titles set up for the house and bank accounts.
My suggestion would be for you to meet with an estate planning attorney to discuss your assets and your estate planning goals and intentions to make sure that everything is done properly to meet your needs and desires.
It may be something as simple as just needing a consultation appointment to review your information and advise you on how to have everything set up OR you may need to get your estate planning documents revised and updated. Either way, you should sit down with an experienced estate planning attorney to discuss everything and go over your options.
My wealthy brother who resided in Miami passed away about 4 years ago, and I found out through an old friend of his that he made a will and that he left me something. I am certain that my brother's son knew about the will because he and his family...
Your first step should be to check with the probate clerk's office in the county where your brother passed to see if a Will had been file or a probate administration opened.
From there you should schedule a consultation appointment with a probate attorney to discuss your options.
My grandfather just had heart surgery and is currently in rehab recovering. He has been in and out of coherency (early onset dementia). While in rehab, my step-grandmother transferred funds from their joint checking account to her own irrevocable ...
Your mom should definitely schedule a consultation appointment with an experienced attorney who practices in the areas of estate planning, guardianship and elder law.
It is possible that the wife did the transfer in order to get your grandfather qualified for Medicaid.
More information and a sit down with an experienced attorney is needed.
My married aunt died last August at the family home in FL; she did not have a will. Her elderly husband had moved back to MS before she passed away (they never legally separated or divorced). They owned a car (titled in MS and in both names, la...
You will need to find out who has legal title to the car now that your Aunt has passed away. It is more likely than not that it now belongs to your Aunt's husband due to the joint ownership. But since the car is titled in MS, I cannot be certain of that.
Is there still money owed on the title loan or was it PIF?
The only person who can claim the car is the person who has legal title to it.
If you want to get the car off your property, then you can send a letter to the husband and family by certified mail (return receipt requested) stating that if they do not take action with the car by _____________ then you will contact a tow company to have it towed off of your property.