Archived
End of formal probate in Florida, one of two beneficiaries will not sign off on the waivers, now what?
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Answered on December 08, 2013
The personal representative's attorney should know that waivers are a convenience and not a necessity.
In an Enhanced Life Estate Deed for Florida, does it specifically need to say property transferred upon death or is it implied?
Truman's answer
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Answered on November 27, 2013
Preparation of a deed is considered practicing law in Florida. You should hire a lawyer to draft one for you instead of hoping the form you...
Archived
What is the form and form number for the document to transfer Florida real estate property from the Principal to a beneficiary?
Truman's answer
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Answered on October 09, 2013
Preparation of a deed by a nonlawyer in Florida is considered unlicensed practice of law. Florida Bar v. Valdes, 464 So. 2d 1183 (Fla. 1985). You...
Archived
Seeking attorney to assist in writing a rent-to-own contract for a single family residence in Lehigh Acres. My trust owns house.
Truman's answer
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Answered on September 18, 2013
A rent-to-own contract is a terrible idea. You are much better off selling the property and making your buyer get a third party mortgage. My...
Archived
If a woman marries with property on her name, will the husband inherit it even if she specifically leaves others to inherit it?
Truman's answer
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Answered on August 31, 2013
It is impossible to determine the validity of the prenuptial agreement without reviewing the document itself and knowing the circumstances of how...
How to determine compensable value (for the attorney) of estate when all real estate has been short saled or foreclosed upon?
Truman's answer
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Answered on July 04, 2013
The fee would be determined by the fee agreement entered into with the attorney. The statutory fee provisions that you may be familiar with are...
Archived
When are expenses presented to the court in Probate? Estate in the $300K area. Claims period should close June 1st.
Truman's answer
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Answered on May 31, 2013
You need to hire an attorney that specializes in probate law, preferably one that has probate litigation experience. If the property was your...
How can I be added to a property's warranty deed?
Truman's answer
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Answered on May 22, 2013
If the goal is to simply give you power over the property in the event of the owner's incapacity or absence, I would recommend a power of attorney...
Archived
MY SISTER IS NO LONGER LIVNG I AM THE TRUSTEE TO HER LIVING TRUST, DO I NEED TO GET PROOF OF HER ESTATE TO CLAIM HER 401 K?
Truman's answer
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Answered on March 23, 2013
The other answers are correct. I just want to add that you need to work with an attorney that is familiar with dealing with retirement benefits...
Archived
How much will cost to draft a living trust, I just have a house and checking and saving account
Truman's answer
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Answered on March 14, 2013
If your two accounts add up to less than $75,000.00, you are probably better off with just a Will because a summary probate would be available no...
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