I understand that their are benefits with Lady Bird Deeds, but what I don't understand is what use they end up being if they don't allow the remainder person to sell due to unmarketable title. So really, what is the benefit in the long run? Can ...
Lady Bird deeds, if prepared and executed properly, are an excellent tools to pass good title to property upon death and avoid probate of the property. The owner executing the Lady Bird deed retains virtually all rights in the property, including the right to sell or mortgage, and the homestead tax exemption, except that the property can not be devised in a Will. During their lifetime a person can cancel the Lady Bird deed, in which case it would pass through probate by Will or intestacy. If the property is "homestead", additional restrictions my apply. You should consult a qualified Florida probate attorney.See question
he is having medical problems. He can not answer the questions the doctors ask so I speak for him. However his insurance company will not let me do so with them. They said I need power of attorney to do so. Need help asap.
Speaking as a Florida attorney, the answer depends upon the nature of your son's disability. If your son has a "developmental disability", you may be appointed Guardian Advocate under Section 393.12, Florida Statutes, a less burdensome and less expensive process. “Developmental disability” means a disorder or syndrome that is attributable to retardation, cerebral palsy, autism, spina bifida, or Prader-Willi syndrome; that manifests before the age of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely. If you son does not have a developmental disability, you likely need to petition, through an attorney, for guardianship of his person, and perhaps for guardianship of his property. You should consult a qualified Florida attorney.See question
I have a pour over trust
Assuming your trust was properly created under Kansas law, it should be honored in Florida. Your pour-over Will should be reviewed by a Florida attorney. States have differing requirements for the witnessing and execution of Wills. For instance, a hand-written Will valid in the state originally written, will not be honored in Florida if the person was a Florida resident at death. Now that you are a Florida resident, I recommend that you have all of your estate planning and pre-need documents reviewed by a Florida estate planning attorney.See question
My brother is not able to take care of himself and given my mothers age we wanted to know if my mother simply stating in her will or living trust that upon her passing she would grant me guardianship of my brother? We are not sure what needs to be...
There are two categories of guardianship -- guardianship of the property, and guardianship of the person. Often a guardian serves in both capacities. You mother can not, by Will or other instrument, create a guardianship of your bother's person, to make placement decisions, medical decisions, etc. That would require a guardianship proceeding filed in the county in which he resides in Florida. She may be able to avoid the need for a guardianship of his property, including inheritance, by creating a living trust or testamentary trust for his benefit. If he is on Medicaid, a Medicaid trust may be appropriate. Also, if he has been disabled since birth, a simpler procedure may be available called guardian advocacy. You should consult an experienced guardianship / estate planning attorney.See question
I had trust made over 10 years ago and we have decided that we prefer a regular Will. We are unsure of the process to cancel the trust and if it was even necessary to have it canceled if we have a Will made instead.
It is a simple matter to execute a properly drafted revocation document. However, you will want to make sure that all property owned by the trust is transferred back into your name prior to revoking the trust, so that the property is not stranded in the trust. Depending on age, assets, and many other factors, a Will may be a better and more economical solution for many people. I find that living trusts are often over-sold as the best solution, resulting in unnecessary expense and complication.See question
Mother passed 2008, I am her second born daughter.
In Florida, any person in possession of a decedent's Will is required to deposit the original Will with the Clerk of the Probate Court in the county of the decedent's residence within 10 days of the date of death. Also, it is a crime to secret or destroy a decedent's Will. If the Will is not on file, you may wish to have an attorney write your former step-father, advising him of these legal requirements, and demanding that the original Will be deposited with the Clerk. You should then be able to obtain a copy of the Will from the Clerk. If you know the identity of the attorney your mother would have used to draft the Will, you may be successful in obtaining a copy of the Will from that attorney.See question
I was left the trust by my grandmother to receive at age 25. I have become estranged from my father and he will not discuss it. At times he says it is all gone , spent by him for his business. what can I do?
In Florida, a trust beneficiary is entitled to a trust accounting every year, and to a timely response to reasonable requests for information. A documented formal request should be made of the Trustee, and if no response is forthcoming, the remedy would be to file a civil action against the Trustee for enforcement, removal, or both.See question
I'm moving from Florida to Iowa and my family thinks I should get established first before I bring my daughter up there with me.
You may only need an affidavit for care and custody, and authorization for medical treatment. It would be much easier and cheaper.See question
We were married at time of death. I am even an Rider on the policy for my life also. But for some reason, there is no beneficiaries listed for either of us
Before you go to the expense of opening an estate, contact the agent who wrote the policy and find out if there was a beneficiary designation form filled in that the insurance company has overlooked. Most agents will request the designation of a beneficiary to prevent their customers from going through what your are experiencing.See question
I am the trustee of the trust and executor of the will. My aunt is requesting copies of the trust agreement. I filed the will and provided her copies of the will. She is calling me daily to see the trust.
In many states a trustee has a legal obligation to send a specific notice to all beneficiaries within 30 days of becoming trustee, and to provide a copy of the trust instrument to any beneficiary who requests one. Failure to comply with the statutory requirements may be grounds for removal as trustee. Trustees also have minimum fiduciary standards which they must meet. I suggest you retain a trust attorney to guide you through the process. Those attorney's fees would normally be paid out of the trust assets.See question