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Marc Jeremy Soss
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Marc Soss’s Answers

228 total


  • Right to survivorship

    My partner and I are not married, I am on the deed to the house with right to survivorship, does that mean if I die first my children do not get my half of the house, I live in Florida.

    Marc’s Answer

    Rights of Survivorship means that upon death the survivor inherits sole ownership of the entire property. Nothing would pass to your children.

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  • In Florida, can a person gift or give something to them while they are alive if it is in their WILL?

    My Mom gave me my Grandmothers bedroom set 3 years ago, when we cleaned, emptied and moved my Mom to Florida. My Mom told me to keep it in the family if I no longer wanted to use it. Two out of five siblings witnessed my phone call with my Mom and...

    Marc’s Answer

    Anything that was gifted to you, during your Mother's lifetime, is yours. An individuals Will only controls the disposition of assets (owned by the decedent) at their death. By virtue of the gift, your Mother no longer owned the bedroom set at her death. You have NO obligation to return the item to the estate.

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  • Is this financial exploitation of an elderly or vulnerable adult?

    My 70 year old father-in-law’s son died in Dec. 2015; my husband became the executor of the estate in Feb. 2016. His son died intestate, so legally my father-in-law and his now ex-wife are the heirs. The son had a girlfriend that cared for him...

    Marc’s Answer

    As the Personal Representative of his son's estate, your father-in-law (the "PR"), has a lot of power over how these matters are handled. First, if the residence was the deceased son's permanent residence at death, then it should be declared to be "Homestead" real property and pass directly to your father-in-law and his ex-spouse. As the owners, they are NOT obligated to allow the girlfriend to remain in the residence and should consult a real estate lawyer to get her removed/evicted.

    If it was the deceased son's business alone, the girlfriend has no rights to the business. The PR needs to stop her from running it and take it over asap.

    If your father-in-law wont act to stop her then maybe he is not the right person for the job and needs to be replaced by someone who will do what needs to be done. Being nice is one thing, but being taken advantage of is another and should not happen. You need to get an attorney to help him with these issues.

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  • Can I write the judge, get another judge, need another atty. and get any rent received in the estate.

    personal rep. refuse to close probate, rental property in estate, and she trying to sell property while personal rep and after being told to close by the judge. Our lawyer petition to be removed.

    Marc’s Answer

    You seem to be involved in a probate proceeding with multiple issues and you should retain counsel. If there is no valid reason why the probate has not been closed, then you need to address that issue with the Court. Estate property, if it is not "Homestead" property, is an estate asset that can either be sold during the estate proceedings or distributed to the beneficiaries. Uncertain what "our lawyer petitioned to removed" means unless you have filed a Petition to Remove the Personal Representative. If accurate, that should be set for hearing asap.

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  • When is a personal representative allowed to liquidate assets held in a safe deposit box?

    The contents are to contain mostly jewelry according to my aunts guardian. She was vague about that at the time. Before the guardian for my aunt was released, the contents were inventoried and filed in the guardianship case. The guardian then g...

    Marc’s Answer

    If an itemized description of the jewelry was not provided, when you received the inventory for the Estate, you can request that the Personal Representative provide you with more detail about each piece of jewelry and there appraised values. If the time period to object to the Inventory has not expired, you should file an objection to it and requested a detailed description of the jewelry. You have a legal entitlement to this information.

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  • How do I access the money that my grandmother left me upon my turning 21?

    My great-grandmother passed away when I was 18 years old. She left me a sum of money that I would have access to upon turning 21. I don't know much beyond that, but I remember I had to sign a slip shortly after her death with my name and birthday ...

    Marc’s Answer

    I concur, you need to contact the financial advisor by telephone and send him a correspondence (return receipt requested) advising him/her that you have reached the age of 21 years and are entitled to all the funds in the account. Be prepared to also send him/her a copy of your birth certificate evidencing this fact. There is NO legal reason why he should immediately turn them over to you. Upon reaching age 21 the money became yours.

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  • Is it unethical for my probate lawyer to advise me against getting an appraisal on my mothers estate?!

    I am legally the PR of my mothers estate. The estate is to be sold and divided amongst the siblings. I hired a lawyer to help me thorough probate. I haven't even been in my mothers house yet since her death and my lawyer called me today. Seems he ...

    Marc’s Answer

    Your probate attorney should not also be the one who purchases the probate assets. He may only be trying to assist you, but you should absolutely obtain an appraisal before you sell it. Plus, if it was your Mother's Homestead (Personal Residence) property, you and your siblings technically own the property and not your Mother's estate. This would require all of you to sign off on any transaction.

    If he is going to broker that type of deal you should immediately seek separate counsel to make sure everything is properly handled.

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  • Any concerns using out of town lawyer for probate if licensed in the state of probate?

    In a case where the personal rep/executor lives in Pasco County FL, the state where a probate will be held, but the lawyer is licensed in FL as well as another state and lives in the other state, would there be any concerns? The reason for conside...

    Marc’s Answer

    Most Florida probate lawyers handle cases throughout the state so you are free to select one that you trust to handle the matter. The only time it becomes more difficult is when they have to make court appearances on contested matters. The bond issue is typically at the Judge's discretion.

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  • Are incoming inheritance amounts be included in FL statutory percentage on probate case?

    In an estate that will be probated in FL (Pasco) which is also the beneficiary/distributee of an estate which will be administrated concurrently in NY, if the FL lawyer charges per the statutory FL fee, would the FL lawyer’s percentage be based on...

    Marc’s Answer

    You will obtain differing opinions on that issue. For that reason alone, it is important to address that question in your initial retainer agreement with the Attorney. Since you have already been charged an administration fee in NY the answer should be "no." But every attorney agreement is different.

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  • What limitations are there for a PR in preparing an estate for sale?

    My sibling has been appointed PR of our mothers estate which is to be sold and divided amongst her children per her Last Will and Testament. The estate is in need of repairs and rather than give it away to investors, together we would like to have...

    Marc’s Answer

    The first question is whether the residence (the Estate) was Homestead Real Property at her death. If yes, then legal titled vested in each beneficiary upon your mother's death and it is NOT an estate asset. I would recommend that all the parties sign an agreement to reimburse anyone who spends money to fix up the residence out of the eventual sale/closing proceeds. That way everyone is protected. If it was not Homestead real property, I would have the PR obtain a court authorizing them to expend the personal funds and be reimbursed for them when it is sold.

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