Legal Question About Wills

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  #31  
Old 09-04-2020, 10:48 AM
Marjorie Hardman Marjorie Hardman is offline
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Default Legal questions

I moved here from NY. I brought a copy of all legal documents (will, power of attorney, health care proxy and living will) to Amy Pittman. Because in differences in law, all had to be redone according to Fl law. She was extremely helpful and reasonable.Had occasion to see her again, as I bought a house and that had to be dealt with upon my death. She advised me, did not have me draw up more legal documents I really did not need. Didn't even charge me for the time it took her to explain why I didn't need further legal documents. If I were you I would go see her. Your change will be done right and upon your death everything will be according to your wishes.
  #32  
Old 09-04-2020, 11:06 AM
bpascani bpascani is offline
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I have never heard of that, but we did select relatives, one in state, one out of state
  #33  
Old 09-04-2020, 11:48 AM
gpk111 gpk111 is offline
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Originally Posted by Keninches View Post
There are lots of opinions, you should get advice from a Trust Lawyer. In Florida a will is not always the best.
A Trust is the best with less headaches for all if you are concerned about your wishes. Check with a lawyer. We did a trust no inheritance taxes involved.
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A trust simplifies the transfer, is private, and usually avoids probate costs. HOWEVER, it does not avoid estate taxes.
  #34  
Old 09-04-2020, 12:24 PM
retiredguy123 retiredguy123 is online now
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Originally Posted by gpk111 View Post
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A trust simplifies the transfer, is private, and usually avoids probate costs. HOWEVER, it does not avoid estate taxes.
There is no Federal estate tax due unless your estate is worth more than $11.58 million.

If you pay a lawyer to prepare a trust, it will most likely cost more than a will and, it will not be "simple". The biggest selling point that lawyers use to sell you a trust is that you can avoid probate. But, I have been through several probates, and they are not very difficult to do yourself. And, if you have a simple will, you don't necessarily need to even go through probate, especially if you have no debt, and structure most of your assets to be "payable on death".
  #35  
Old 09-05-2020, 07:43 AM
mydavid mydavid is offline
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I suspect if you have a complicated estate a lawyer is a small price to pay and a good idea. I did my own with templets found on line, had them notarized and witness by two people. I also did a Quitclaim Deed myself and had it filed it with the clerk of courts, saving myself $600 in Attorney fees.
  #36  
Old 09-05-2020, 08:07 AM
gpk111 gpk111 is offline
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Originally Posted by mydavid View Post
I suspect if you have a complicated estate a lawyer is a small price to pay and a good idea. I did my own with templets found on line, had them notarized and witness by two people. I also did a Quitclaim Deed myself and had it filed it with the clerk of courts, saving myself $600 in Attorney fees.

Why did you do the quitclaim?
For estate purposes?
  #37  
Old 09-05-2020, 04:29 PM
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rjm1cc rjm1cc is offline
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Originally Posted by CZN715 View Post
I was told that my Connecticut Revocable Trust and Pour Over Will was legal in Florida. That Florida will follow the letter of the laws of Connecticut. I hope that’s true. Modifying Trust documents are a little pricey.
The short answer is yes BUT is it self proving according to FL law? I think you need 2 witnesses to your signature and a notary to notarize the signatures. Does your executor/administrator qualify under Fl law - lives in Fl, not a felon or is a blood relative (living anywhere.)

The trust is probably ok but could have the signing problems a will might have.
  #38  
Old 09-06-2020, 09:05 AM
D.C.Villager D.C.Villager is offline
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Default Laws are very different in FL

If your original will was done outside of Florida, I suggest you get it looked at if you are married.

Florida has some very unusual laws regarding marriage because it is not a community property state.
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