Archived
Can I file my own summary of administration form ? after my mother passed I kept paying the house insurance.
Kelly's answer
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Answered on January 14, 2011
Unfortunately, Florida law says that a lawyer must file the paperwork related to probate. $2,000 is a fairly standard price, but there are other...
Archived
My two sons are my primary beneficiary to my 401K plan, if I re-marry how is the distribution divided in case of my death?
Kelly's answer
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Answered on January 14, 2011
I disagree with the first two answers. A 401(k) is a defined contribution/benefit plan that is governed by ERISA because your employer contributes...
What rights does an estranged spouse have to a home that her spouse resides in in Florida covered under the homestead act?
Kelly's answer
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Answered on December 17, 2010
The homestead owner cannot transfer the homestead, nor can he encumber the homestead without the spouse's signature (unless there was a pre-nup or...
Archived
Florida attorney has custody of Florida Will. Testator moved to North Carolina four years ago. Where to file will?
Kelly's answer
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Answered on October 01, 2010
I agree with the other two answers about having to file the Will and do the primary probate administration in NC; however, you asked if a Florida...
Archived
Lawyer said it was okay for me to have my grandmother's car, now he says it is not okay. What can be done now?
Kelly's answer
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Answered on October 01, 2010
I suggest you talk to the lawyer and find out why he says it is not okay for you to have the car. By you taking the car without paying for it, the...
Archived
My grandmother died about a year and left me about 60,000.00 USD. I had no idea she had that kind of money; she actually left 30
Kelly's answer
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Answered on October 01, 2010
Whether you can get a full distribution of the money now depends entirely on what the Will says. Whoever the personal representative/trustee is...
Archived
Asset protection
Kelly's answer
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Answered on October 01, 2010
In addition to the fraudulent conveyance issue that Mr. Fromm mentioned, you would also potentially have a gift tax issue as well as a title...
Archived
Can I will my house to my children if my husband is still living?
Kelly's answer
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Answered on September 29, 2010
Mr. Lewis and Mr. Frank are correct. If you own the house in your own name when you die, your husband will be entitled to live in it for the rest...
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