Archived
Will I get in trouble for running an estate without letters testamentary I hired my lawyer 10 months ago he hasn’t filed.
Samantha's answer
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Answered on September 09, 2019
Sounds like you should consider hiring a new lawyer unless there's some reason why the probate hasn't been filed yet. If you are eventually...
Archived
Hello own 2 houses free and clear in FL. I have 2 kids and ive never been married. Im getting married in PR next week...
Samantha's answer
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Answered on April 28, 2015
The best way to protect yourself and your children is with a prenuptial agreement. I highly recommend you consult with a family law attorney prior...
Archived
Can a spouse be written out of a will or are they entitled to something
Samantha's answer
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Answered on March 20, 2015
Your spouse, if he/she elects and does not waive in writing, is entitled to 30% of your elective estate plus either a life estate in any homestead...
Can we partition homestead property in a pending probate case?
Samantha's answer
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Answered on March 18, 2015
Once the property is determined to be homestead, title automatically vests in those entitled to the property, and no probate judge can divest such...
Estate planning documents - how many sets of originals are provided to client. Does a bank only accept an original or Copies OK?
Samantha's answer
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Answered on February 24, 2015
You will probably get different answers from different practitioners. In my opinion, there should be only 1 original of every document, especially...
Archived
In the event of incapacitation, would a power of attorney for assets and healthcare (issued Illinois '95) be valid in FLORIDA?
Samantha's answer
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Answered on February 18, 2015
There's a Florida statute on point (see subsection 3):
709.2106 Validity of power of attorney.—
(1) A power of attorney executed on or after...
Archived
Health care choices and estate distribution.
Samantha's answer
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Answered on February 16, 2015
The following Florida Statute sets forth who can make medical decisions for someone if they don't designate a surrogate:
765.401 The...
Archived
If I leave my life insurance to my child as my beneficiary does the other parent have access to the money?
Samantha's answer
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Answered on January 30, 2015
If you name your child directly as beneficiary and she is under the age of 18, the money would go into a court administered guardianship account....
Archived
After my spouse dies how can I get it the title of the car transferred to my name in the state of florida. Do I need probate ?
Samantha's answer
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Answered on January 29, 2015
I agree with Mr. Pippen, except that I would also add, if there is a Will, you should bring that as well and if the car is devised to someone other...
Archived
Grandfather passed away and mom wants to put his property in her name.
Samantha's answer
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Answered on January 29, 2015
It's possible, but unlikely that the notarized statement would qualify as a will under Florida law (this assumes that your grandad lived in FL)....
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