Legal Question in Wills and Trusts in Florida

Re: probate

Hello: I just read your questions...and reviewed the answers sent. Those should give you a general direction of any action your dad could take. There are some more specifics that a probate lawyer will explain when you are ready.

If my office can be of any assistance to you in North Fla. please give us a call. Tom Rosenblum, Jacksonville

Re: probate

Just make sure that the accoutn is a joint account. If not, go to the bank with your father and change the signature cards so that it is a joint account. When he dies, you get all the money and avoid probate. William S. Stern

Re: probate

Yes, although a fairly easy and inexpensive probate is usually available. However, the will is still effective, and the assets may pass to the descendants of the deceased beneficiaries. Look at the will very carefully. He could deed the home to you now, retaining a life estate, thereby avoiding probate, but you ned to be very careful before recording any deed which adds you to the title. It could be costly in increased real estate taxes, among other things.

Re: probate

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, you will have to probate his estate in order to transfer title to his house and any other property. Your dad should update his will particularly since you say that everyone in the will has predeceased him. He should meet with an attorney and have a will drawn together with a durable family power of attorney, a medical power of attorney and a living will. This will allow you to act for dad if the need arises while he is alive or if he should pass away.

Scott R. Jay, Esq.