Legal Question in Real Estate Law in Florida

We want to avoid probate, my mom just died and my dad wants to make sure that I have no problem with probate, he has a will but wants to make it easy for me at the time of his death. We are in florida, the county told me that I could do a joint tenancy with right of survivorship, or a life eatate with me listed as the remainderman, which is best and what are the drawbacks of each is there anything else that would be better. Thank-You Alan

Asked on 8/24/09, 11:11 am

1 Answer from Attorneys

Robert Roemer Robert Brian Roemer LLC

Dear Alan,

The best solution to your dad estate planning is for him to form a living trust and transfer his assets to the trust now.The successor trustee could be you so upon his death you could transfer his house and other assets to yourself.In addition , I recommend that he give you a power of attorney and a heath care power so you can act for him If he becomes incapitated . If you would like me to draft these documents or have further questions e-mail me your your phone number to discuss this further. I have stated to offer virtual law services like this as part of my law firms services.

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Answered on 8/24/09, 11:49 am


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