My father passed away recently. This is in Florida.

The question will arise whether your father transferred the assets into some type of survivorship format, or whether his wife transferred the...

Can i leave my house to my husaband to live in until he dies then go to my children not his if the house is not paid for?

If the house is your Florida homestead (and assuming your children are all over the age of 18), the rule is that you cannot leave the home to...

If my siblings and I inherit a house with a mortgage via a testamentary trust does the "due on sale" exemption still apply?

There is a legal answer to this question and a practical answer. The legal question depends on the wording of the mortgage document. Typically a...

Before a beneficiary receives legal title to an asset held in trust, can the repairs be deducted from his portion of the estate?

If you are Trustee, consult with an attorney specializing in estates and trusts. Both state law and the trust agreement will contain directives...

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One question: Is your sister working with an attorney representing the estate or trust? If not, I would contact an attorney immediately. If your...

Does a 10 year old DPOA with 2 witnesses & notarized need to be updated?

The 2 signature issue will depend on whether your document referenced jointly or severally (separately), or indicated jointly-only. As mentioned,...

If this is already in the probate process, please consult with the estate attorney to advise you. In general, this provision is to allow the...

Is requesting homestead designation for my deceased father's house optional? I am the personal representative.

You are represented by an attorney in the probate process and it is not really appropriate for another attorney to be advising you. Ms. Wiley...

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After a revocable living trust has been signed, witnessed and notorized in Florida must it then be recorded?

While the trust typically does not need to be recorded, certain information or possibly a Statement of Trust, may need to be recorded to deal with...

After a revocable living trust is signed, witnessed and notorized in Florida must it then be notoraized?

Under FL law, the "testamentary aspects" of a Living Trust must be executed with the formalities of a Will (i.e. two witnesses). A notary is not...