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AV Preeminent Peer Rated Attorneys
Sarasota Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Sarasota Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 1901 Morrill St., Sarasota, FL 34236-6934

  • 2033 Main St., Sarasota, FL 34237

  • 6151 Lake Osprey Drive, 3rd floor, Sarasota, FL 34240

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  • 1819 Main St., Ste. 603, Sarasota, FL 34236

  • 7273 Bee Ridge Road, Sarasota, FL 34241

  • 786 South Orange Ave., Sarasota, FL 34286

  • 240 South Pineapple Avenue, Suite 401, Sarasota, FL 34236

  • 6230 University Parkway, Suite 204, Sarasota, FL 34240

  • 1444 First St., Sarasota, FL 34236

  • 6151 Lake Osprey Dr., 3rd Fl., Sarasota, FL 34240

  • 753 Cattlemen Rd., Sarasota, FL 34232-2852

  • 1605 Main Street, Sarasota, FL 34236

  • 1605 Main St., Ste. 900, Sarasota, FL 34236

  • 1800 Second Street, Suite 725, Sarasota, FL 34236

  • 2070 Ringling Blvd., Sarasota, FL 34237

  • 2071 Main St., Sarasota, FL 34237

  • 1350 Palmwood Dr., Sarasota, FL 34232

  • 1819 Main Street, Suite 910, Sarasota, FL 34236

  • 46 North Washington Boulevard, Suite 22, Sarasota, FL 34236

  • 2191 Ringling Boulevard, Sarasota, FL 34237-7003

  • 1899 Porter Lake Dr., Ste. 106, Sarasota, FL 34240

  • 1800 Second Street, Suite 717, Sarasota, FL 34236

  • 677 N. Washington Boulevard, Suite 28, Sarasota, FL 34236-4241

  • 1212 Ben Franklin Dr., Apt. 808, Sarasota, FL 34236-2217

  • 2477 Stickney Point Road, Suite 215 B, Sarasota, FL 34231

  • 8586 Potter Park Drive, Sarasota, FL 34238

  • 4337 Oak View Drive, Sarasota, FL 34232

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

How do I buy my mother's house after she died without a will?

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Answered by attorney Jay William Moreland (Unclaimed Profile)
Estate Planning lawyer at Jay W. Moreland, P.A.
You need to set up an appointment with an attorney. It is likely that the home was your mother's homestead. If so, you would need a court order that establishes that. The homestead passes by operation of law to your mother's heirs (likely you and your sister). If it is not homestead, the property will have to pass through her estate to you and your sister. In either case you will need an attorney to help you with this. Once the property is in your name and your sister's name, the credit union should be willing to deal with you.
You need to set up an appointment with an attorney. It is likely that the home was your mother's homestead. If so, you would need a court order that establishes that. The homestead passes by operation of law to your mother's heirs (likely you and your sister). If it is not homestead, the property will have to pass through her estate to you and your sister. In either case you will need an attorney to help you with this. Once the property is in your name and your sister's name, the credit union should be willing to deal with you.
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Can a will and trust made up i Florida be probated in NY

Answered by attorney Terry Lynn Garrett
Estate Planning lawyer at The Garrett Law Firm, PLLC
Most states will admit a Will written in another state to probate if the Will was valid in the other state when it was signed. Administration of a trust is governed by the law of the state where it is administered.  Other concerns (investment, distribution, etc.) are governed by the law stated in the document.  If you create a Floirda trust and later return to New York, only the law governing administration will change.  The Florida law provisions governing the trust itself will still be enforceable.
Most states will admit a Will written in another state to probate if the Will was valid in the other state when it was signed. Administration of a trust is governed by the law of the state where it is administered.  Other concerns (investment, distribution, etc.) are governed by the law stated in the document.  If you create a Floirda trust and later return to New York, only the law governing administration will change.  The Florida law provisions governing the trust itself will still be enforceable.
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What happens to the house if I die?

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Answered by attorney Kristen A Carron (Unclaimed Profile)
Estate Planning lawyer at Kristen Carron, LLC
If you refinance your house and add you husband to the title, he now owns one half of the house. What happens to the house on your death will depend on how the house is titled. If you own the house with your husband as Tenants by the Entirety (which is most common with married couples) the entire house will pass to your husband on your death and he will become the sole owner. He can then leave it to whomever he wants presumably his 2 daughters. However, if he dies first, then you'd become the sole owner and can leave the house to your children. If you own the house as Tenants in Common, then you can leave your one half of the house to your children. Your children would then own the house with your husband at your death. He would also be able to leave his one half to his daughters and then after your husband passes, all the children would own it together.
If you refinance your house and add you husband to the title, he now owns one half of the house. What happens to the house on your death will depend on how the house is titled. If you own the house with your husband as Tenants by the Entirety (which is most common with married couples) the entire house will pass to your husband on your death and he will become the sole owner. He can then leave it to whomever he wants presumably his 2 daughters. However, if he dies first, then you'd become the sole owner and can leave the house to your children. If you own the house as Tenants in Common, then you can leave your one half of the house to your children. Your children would then own the house with your husband at your death. He would also be able to leave his one half to his daughters and then after your husband passes, all the children would own it together.
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