I am a homeowner. I would like to leave my home to my children. However, I would like to get married. Can my marriage override my will.
The simple answer to your question is "yes." Florida has several laws in place which protect a surviving spouse from being disinherited (Homestead, Exempt property and Elective Share). The only way you can accomplish your objective would be through a premarital agreement under which your future spouse waived her legal rights to the home and your other assets.See question
My father passed away over 6 months ago without a Will, and I was appointed the Personal Representative of the estate. My stepmother is in her 90's and there are no other heirs. All monies where in joint accounts, so that just leaves the house tha...
The first thing you need to do is have a long conversation with your attorney regarding all your available options. Homestead real property is not an estate asset (it is exempt) and once the creditor claims period expires you need to discuss your step-mothers rights in the property and whether she will agree to waive them. Her rights can be either a life-estate or undivided one-half interest. That issue needs to be addressed before you make improvements or move into the residence (probably what the contractor is referring to).See question
My sister has been hospitalized several times and I am usually the one assisting with her health care decisions and her bank account set up for Medicare and disability payments. Is a Durable power of attorney appropriate or regular Power of att...
The documents that your sister needs are: (i) durable power of attorney (POA); (ii) health care surrogate (HCS); (iii) Living Will (LW); and (iv) pre-need guardian (PNG). Your sister can appoint anyone she chooses to act on her behalf, even if married. Her husband does not need to sign or consent. It could raise a lot of issues if the husband challenges the documents so make sure it is handled by an estate planning professional.See question
My grandfather is having colon cancer removed and named me both the executor and the beneficiary so concerned if that can be contested or what happens does everything go into probate
An individuals estate planning documents (you are describing a Will) are always susceptible to being challenged by another interested person. The fact that he is under-going cancer treatment would have no bearing on that fact so long as he was competent, not being unduly influenced and understood his bounty at the time he created and executed the document.See question
About 27 years ago, my ex husband and I made up wills. We have been divorced since 1994. I am married now, have been for almost 22 years. I recently ran across this will and was wondering if it was still valid? My present husband and I do not ...
Since you are divorced from your prior spouse anything that you bequethed to him at your death is now null and void. However, since your current spouse is not named in the document, if he were to survive you under Florida law he could make a claim for an elective share (30% of the total estate value), plus other interests (homestead, automobiles, family allowance). I highly recommend that you and your husband both prepare Wills, Powers of Attorney (to make financial decisions for the other and name an alternate), Health Care Surrogates (to make health care decisions for the other and name an alternate) and Living Wills (end of life decisions).See question
I have Durable Power of Attorney over my mother, who has advanced Dementia (I had it prior to her diagnosis). Im a Professional Home Health Aid and take care of other patients with Dementia. Can I write a check from her account (of which Im an own...
As a joint account owner nothing precludes you from withdrawing account funds to reimburse yourself for expenses incurred on your mother's behalf. I would highly recommend that you keep good receipts in case someone were to later question what you were doing and why you were withdrawing the funds.See question
my new spouse is the 1st trustee of the revocable trust after me. the deed is currently in my name.
To ensure the home passes to your spouse at death your Revocable Trust should explicitly state that fact. A trust amendment is need to accomplish that objective. Please utilize an experienced estate planning attorney to make sure it is done correctly.See question
I have made a claim against an estate in FL and the judge dismissed the case due to the attorney for the estate not being present. What options do I have available to me in order to collect the moneys owed to me from the estate?
If the Judge dismissed the case, nothing stops you as a creditor from filing to reopen the proceeding. You can even have yourself appointed as the Personal Representative (subject to restrictions). You need to discuss this matter with an experienced probate attorney who can guide you forward. One thing that you must consider is the size of the estate relative to your claim against it.See question
I am the only name on mortgage and deed. I am getting married and would like to know what needs to be done to allow my future wife to be able to assume mortgage payments and not lose the house if I die.
Having your soon-to-be added to the deed only requires the preparation and recording of a new deed. With regard to the mortgage, you will need to contact the mortgage company and probably need to refinance the debt to have her name added. You must first consider her credit status before you have her added to the mortgage - if she has good credit you may qualify for a lower rate - if she has bad credit you could be looking at a higher rate. Regardless, wait until the marriage is finalized before you do anything.See question
My brother, who lived in Lee County Florida, passed away recently. He owned a home free and clear. After acquiring the home he got married. She was never put on the deed. After 2 years she left him. That was 10 years ago and there was no contact f...
A surviving spouse (which she qualifies as since they never divorced) has legal entitlements under the Florida Statutes. They include an elective share (30%) of the estate assets, family allowance and interest in Homestead real property. She can elect either a "life estate" interest in the home or an undivided one-half (1/2) interest in it. She can and will succeed if they were never married.See question