Legal Question in Wills and Trusts in Florida

my husband and i want to get our will made over to our children our home and property. the bank sti;; holds the morgage on it what are our leagal options?


Asked on 6/01/11, 2:05 pm

2 Answers from Attorneys

Make an appointment to draw up an estate plan based upon your goals.

I can assist if you call 954-752-1732.

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Answered on 6/02/11, 6:31 am
Michael Sasso M. Daniel Sasso

You should locate a Wills and estate attorney in your Florida area and visit with counsel. There are too many options available out there. Regardless of the size of your estates, many people try to avoid counsel and take the advice of the local banks, investments counselors and other friends and put the property into joint names, TOD, POD accounts or ITF. There are many limitations to such a simple solution and most will only give you more headaches in the future including: incompetency of an heir/child or spouse; creditor rights against your accounts; losing your valuable exemptions by the way you hold property including Homestead rights, creditor problems, lawsuits against one of the owners including the children; prohibitions under the Medicaid rules; income tax consequences to the heirs that could be avoided; failure to hold rental properties or "hot properties" in a protected entity that would shield you and your sposue, etc.

My website at dansasso.com can give you more insight in planning should you care to visit the same and the number of Federal and Florida state law changes that have made it necessary to address your estate questions with competent legal counsel. Hope this helps.

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Answered on 6/03/11, 6:49 am


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