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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Family Trust Attorney (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/family-trust-attorney-343275/)

manaboutown 08-09-2023 02:18 PM

Quote:

Originally Posted by retiredguy123 (Post 2243331)
I partially agree. But, I would not want to protect my beneficiaries from their creditors.

The trust res can be protected from a beneficiary's creditors, not the beneficiary himself or herself. Spendthrift provisions can be utilized to protect the corpus of the trust, hence the interests of all the beneficiaries in the trust from the creditor(s) of any one or more of them.

DAVES 08-09-2023 05:36 PM

Quote:

Originally Posted by Royaloil (Post 2243313)
My friend had a clause "if any children sue they recieve nothing" does this sound real?

When, it comes to money, family and law things can get messy. Perhaps, worse you will be gone so unable to change your mind. There are the proper legal terms. I disinherited someone. If, I recall the words in my will say as if she is dead. Truth, the words are uncomfortable. I wanted to add why. The attorney advised me not to.

A will. First of all you need to face no one lives forever. A will. When my mother passed, I had a copy of my parents will. NOT FLORIDA. Seems the official will had a blue cover. Mine was a copy. The name of the atty was of course on the will. I discovered she had closed her practice. After a bit of effort I found her. She told me she gave the blue cover copy to my sister. My sister denied it. It cost US several hundred dollars in legal fees.

Like anything else whatever you do, someone will say think you should have......

manaboutown 08-09-2023 06:56 PM

Quote:

Originally Posted by Royaloil (Post 2243313)
My friend had a clause "if any children sue they recieve nothing" does this sound real?

This is known as an "in terrorem" or "no-contest" clause and apparently is unenforceable in Florida. No Contest Clauses in Florida - Sarasota Wills, Trusts & Probate Attorney.

Another issue to be aware of is a pretermitted heir, usually a child. Statutes & Constitution
:View Statutes
:

Online Sunshine

Eg_cruz 08-09-2023 07:01 PM

Quote:

Originally Posted by Ginnybugs (Post 2243252)
It seems the Elder Law meeting you mentioned would be a good way to be educated before getting into it. Which library is it held? Do you know dates/times? Thank you!

Call 352-330-3369
She holds two a month at two different libraries.

It would be a great place to start, you will learn a lot.

JudyLife 08-10-2023 05:11 AM

Amy Pittman

bowlingal 08-10-2023 06:37 AM

leave the bubble if you want a reasonable charge for a trust. Joseph F Pippen atty located in Fruitland Park will do a trust for $695.

JGibson 08-10-2023 06:39 AM

Quote:

Originally Posted by retiredguy123 (Post 2243315)
A ladybird deed will allow you to designate a beneficiary that will automatically transfer ownership to the house upon death. It will not affect your ownership rights or the ability to sell the house while you are alive.

How do you get a ladybird deed? Do you have any further information on this? Thanks.

Shish 08-10-2023 06:53 AM

Probate and Estate Planning Attorney The Villages, FL Lawyer

BlueStarAirlines 08-10-2023 06:55 AM

Another vote for Amy Pittman. She also has free familiarization courses monthly as well as ongoing classes for her customers.

Highly recommend her practice.

retiredguy123 08-10-2023 06:57 AM

Quote:

Originally Posted by JGibson (Post 2243507)
How do you get a ladybird deed? Do you have any further information on this? Thanks.

You can hire a title company, who does house closings, to prepare and record a new deed for your house. It should cost a few hundred dollars for a new deed. I have heard that some people do it themselves with an online form, and then record the deed at the county office, but I would NOT recommend doing it that way.

If you have an attorney, it would be a good idea to discuss it with them before getting the new deed. The attorney can probably process it for you, but I would get a fixed price before allowing an attorney to do it.

Nana2Teddy 08-12-2023 12:15 AM

Amy Pittman is booked until November, and Sham Shanawany had availability in early October. Called them both this week. Hoping to find someone with availability even sooner, though I did book Sham in case I don’t.

JGibson 08-14-2023 07:37 AM

Quote:

Originally Posted by retiredguy123 (Post 2243519)
You can hire a title company, who does house closings, to prepare and record a new deed for your house. It should cost a few hundred dollars for a new deed. I have heard that some people do it themselves with an online form, and then record the deed at the county office, but I would NOT recommend doing it that way.

If you have an attorney, it would be a good idea to discuss it with them before getting the new deed. The attorney can probably process it for you, but I would get a fixed price before allowing an attorney to do it.

Thanks, I've done my will on my own as they make it quite easy these days but I will explore both options.


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