Question on Trusts

Closed Thread
Thread Tools
  #16  
Old 02-11-2018, 10:22 PM
simpkinp's Avatar
simpkinp simpkinp is offline
Veteran member
Join Date: Feb 2013
Location: Village of Mallory Square
Posts: 673
Thanks: 2
Thanked 8 Times in 5 Posts
Default

I had an existing Florida trust and had it reviewed by Michael Millhorn for free. He created a new, expanded Durable Power of Attorney for me and gave me a living will for free. Can’t beat it. Honest man who will tell you the truth about what you need. He is Eric Millhorn's uncle. Amy Pittman was trained by Eric. Have heard all good things about her as well. Depending on your needs, you can’t go wrong with any of these choices.
  #17  
Old 02-11-2018, 10:27 PM
manaboutown manaboutown is offline
Sage
Join Date: Aug 2009
Location: NJ, NM, SC, PA, DC, MD, VA, NY, CA, ID and finally FL.
Posts: 7,377
Thanks: 12,795
Thanked 4,572 Times in 1,748 Posts
Default

Quote:
Originally Posted by vintageogauge View Post
Put everything in your revocable trusts and you won't have to worry about a will. You still have access to your assets but they don't have to go through probate as when you die whomever you assigned as successor trustee handles your trust for you.
Huh?
__________________
"No one is more hated than he who speaks the truth." Plato

“To argue with a person who has renounced the use of reason is like administering medicine to the dead.” Thomas Paine
  #18  
Old 02-11-2018, 10:40 PM
rjm1cc's Avatar
rjm1cc rjm1cc is offline
Soaring Eagle member
Join Date: Apr 2010
Posts: 2,366
Thanks: 237
Thanked 521 Times in 241 Posts
Default

In general estate related documents drawn in another state are ok in Fl. But you can have problems. The executor may not be valid in Fl. The way the documents were signed maybe legal but cause a lot of problems in finding witnesses. POA laws changed in FL and although they say old POA are valid you may have a problem getting a FL institution to accept them.

The trust is probably ok but the real question is do you need one. Also if you home is in the trust you could have problems with the various homestead laws. Property title has to be drafted correctly and the trust may have to be modified to comply with FL homestead laws or you will not get all the benefits.

Also ask the attorney about the title to your home and who has possible rights to it when you die.

Last edited by rjm1cc; 02-21-2018 at 08:14 PM.
  #19  
Old 02-12-2018, 04:18 AM
brislenn brislenn is offline
Junior Member
Join Date: Mar 2014
Posts: 2
Thanks: 0
Thanked 0 Times in 0 Posts
Default

You need to go and talk to the Millhorn Law Firm on 27/441 across from Walkmart. They set up my trust and I had another lady go and talk to them and she found out that because she already had a trust from another state that the fee would be greatly reduced. I understand that wills and trusts from other states must be redone by Florida lawyers. Phone Number: 352-753-9333. Eric Millhorn was the one that we talked to but I dfon't think it would really matter.
  #20  
Old 02-12-2018, 07:05 AM
spexdr spexdr is offline
Junior Member
Join Date: Feb 2011
Posts: 20
Thanks: 11
Thanked 6 Times in 5 Posts
Default

My father used Milhorn Law to add an additional trustee and was charged $250. I think that’s a lot for doing a little. This was 5 yrs ago.
  #21  
Old 02-12-2018, 07:24 AM
daca55's Avatar
daca55 daca55 is offline
Senior Member
Join Date: Dec 2011
Location: Dover, NH, Village of Buttonwood
Posts: 422
Thanks: 24
Thanked 169 Times in 93 Posts
Default

:agree


Quote:
Originally Posted by aninjamom View Post
Yes, it's a good idea to have it reviewed by a lawyer here. There are laws that vary from state to state. You don't need a whole new one, but you might have to edit a little.
  #22  
Old 02-12-2018, 08:14 AM
OhioBuckeye OhioBuckeye is offline
Soaring Eagle member
Join Date: Sep 2015
Posts: 2,410
Thanks: 1
Thanked 537 Times in 408 Posts
Default Ohiobuckeye

Quote:
Originally Posted by tom_sjc View Post
Googled it and according to legalzoom living trusts are good in any state.

Any comments to the contrary?
That's funny that this came up about Trust & Wills. We just had ours redone her in FL. from OH. Yes, they are good here BUT if you don't have it redone here, you'll have to pay Probate 7% upon death. Now I know some people might argue that point with me so I suggest you ask a lawyer, they'll probably answer that question free of charge. Sounds like a lot of people are getting different answers.
  #23  
Old 02-12-2018, 08:23 AM
OhioBuckeye OhioBuckeye is offline
Soaring Eagle member
Join Date: Sep 2015
Posts: 2,410
Thanks: 1
Thanked 537 Times in 408 Posts
Default Ohiobuckeye

Quote:
Originally Posted by aninjamom View Post
Yes, it's a good idea to have it reviewed by a lawyer here. There are laws that vary from state to state. You don't need a whole new one, but you might have to edit a little.
You're right, have a lawyer answer that question. You probably won't have to let them see your Will or Trust to find out if it will be honored here in FL. It's just I was told by several people that it would be honored here but you'll have to pay Probate 7% unless you have FL. notarized it. We just had ours done & notarized a month ago!
  #24  
Old 02-12-2018, 08:46 AM
erojohn erojohn is offline
Member
Join Date: Mar 2013
Posts: 63
Thanks: 14
Thanked 26 Times in 19 Posts
Default

We had wills revocable trust poa medical ,the whole package for less than 800. No doubt you will be putting Florida property in your revocable and-bank accounts in the trust also.
Our attorney Andrew Curtis was very helpful and have nothing but praise for him.
We had to do a little leg work to get everything titled into the trust as we knew we would. If your existing trust is irrevocable you may be stuck with it. Do yourself and your heirs a favor seek competent lawyers to assist you.
  #25  
Old 02-12-2018, 10:04 AM
billethkid's Avatar
billethkid billethkid is offline
Sage
Join Date: Jul 2007
Posts: 18,457
Thanks: 0
Thanked 4,743 Times in 1,383 Posts
Default

If this is where your permanent residence is, then it is a wise move to update wills, trusts, estate planning, et al to Florida law/statutes/etc.

There is little or no advantage to keep the current documentation in a different state, other than not spending the "few" dollars it costs to update.

And as we all know, those things we only do once per year or several years need reminding in our own minds let alone local laws effects/impacts.

And....there is no doubt one learns something when updating and more so updating to a new state.

Provides peace of mind, eliminates second guessing and avoids interpretive fees at some future date.
  #26  
Old 02-13-2018, 11:33 AM
tom_sjc tom_sjc is offline
Senior Member
Join Date: Nov 2017
Location: Fenney, May 2018
Posts: 99
Thanks: 0
Thanked 1 Time in 1 Post
Default

Set up a meeting with Amy Pitman during our Preview week in April.

Had an open house on our condo here in San Jose this past weekend. Real Estate is pretty hot here. So, looking to figure out the trust before purchasing something in TV.
  #27  
Old 02-13-2018, 11:51 AM
Susan Stewart Susan Stewart is offline
Junior Member
Join Date: May 2017
Posts: 2
Thanks: 0
Thanked 0 Times in 0 Posts
Default

Highly recommend you see a FL attorney to review your trust and other estate planning papers.
We had an IL trust when we moved here last summer. We put our new TV home in the IL trust and the title company required that they review the trust to make sure it was compliant with FL law. Turned out it was.
But when we went to the FL attorney last week, she informed us that there were things that needed changing. We're keeping the IL trust so we don't have to retitle our assets - but she will create another document (I forgot what's it's called) that will modify our IL trust so that it's FL compliant.
That said she's also going to create some additional documents to replace the IL documents including Health POA and some of the others.
Re: the lawyers that said they wouldn't review out of state trusts, I would find a different lawyer. We scheduled consultations with 2 different attorneys who would review our IL docs. Both consultations were no charge. We decided to move ahead with the first attorney because we listened and found her to our liking and her costs for revising our docs was reasonable.
  #28  
Old 02-13-2018, 02:07 PM
manaboutown manaboutown is offline
Sage
Join Date: Aug 2009
Location: NJ, NM, SC, PA, DC, MD, VA, NY, CA, ID and finally FL.
Posts: 7,377
Thanks: 12,795
Thanked 4,572 Times in 1,748 Posts
Default

Sales appear to have been very hot in San Jose with many properties selling way over asking prices. I don’t know how it is right now but this shows how it was in recent years. What Bubble? Record Number Of Houses Selling For $500K Over Asking Price | Zero Hedge
__________________
"No one is more hated than he who speaks the truth." Plato

“To argue with a person who has renounced the use of reason is like administering medicine to the dead.” Thomas Paine
  #29  
Old 02-20-2018, 11:15 PM
pauld315 pauld315 is offline
Gold member
Join Date: Aug 2007
Location: NY, FL, PA, TX, NC, TV
Posts: 1,465
Thanks: 43
Thanked 357 Times in 161 Posts
Default

Speak to attorney Andrew Curtis. All he does is trusts. He told a roomful of people a week ago at a meeting I was at that he normally just needs to add an amendment to a trust from another state.
__________________
"The secret of successful managing is to keep the five guys who hate you away from the four guys who haven't made up their minds." - Casey Stengel
Closed Thread

Tags
attorney, set, valid, trusts, place

Thread Tools

You are viewing a new design of the TOTV site. Click here to revert to the old version.

All times are GMT -5. The time now is 05:57 AM.