AV Preeminent Peer Rated Attorneys
Duck Key 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).
AV Preeminent Peer Rated Attorneys
Duck Key Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Duck Key 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).

Law Offices of Jody H. Oliver, PLLC

4.9
2 Reviews

  • Serving Duck Key, FL and Monroe County, Florida

  • Law Office with 1 lawyer1 award

  • Real Estate, Probate and Trust Law call 561-925-9819.

  • Estate Planning LawyersTrusts And Estates, Estate Administration and 5 more

Jody H. Oliver
Estate Planning Lawyer
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Alan Fowler Law, PLLC

5.0
72 Reviews

  • Serving Duck Key, FL and Monroe County, Florida

  • Law Office with 1 lawyer1 award

  • Simplify. Communicate. Advocate.Licensed in Florida, The United States District Court,Southern District, and The Court of Appeals for the Armed ForcesCall today we can Help!

  • Estate Planning LawyersCivil Practice, Restaurant Start-Up and 107 more

Alan Fowler
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Looking for Estate Planning Lawyers in Duck Key?

Estate planning attorneys help individuals prepare for the management and distribution of their assets after death or incapacitation. They create legal documents such as wills, trusts, powers of attorney, and healthcare directives. Their work ensures a client’s wishes are honored, minimizes potential taxes, and simplifies the process for their loved ones.

About our Estate Planning Lawyers Ratings

The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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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.

The home is in a Trust. Can the home have a life tenant (life estate) to one of the Trustees?

C. Randolph Coleman
Answered by attorney C. Randolph Coleman (Unclaimed Profile)
Estate Planning lawyer at The Coleman Law Firm, PLLC
It's difficult to answer your question conclusively without more information, but there are some general rules that apply. Florida has some special rules concerning homestead property, which is defined as the principal place of residence for husband and wife, in this context.  The parents would not have the legal right to provide anyone but the surviving spouse with the right to reside in the home for so long as either spouse is alive.  I am also assuming for purposes of answering this question that there are no minor children of the parents. If the parents' desire is to maintain the home in trust after both of them die, then the trust can be amended to include a provision that the son who has provided care for the parents would be entitled to live in the home for whatever period of time the parents would like to provide for him. At that point the amendment to the parents' trust could provide for whatever use or disposition of the home they desired. In the situation you have described, the right of the son to live in the home technically would not be a life estate, it would simply be a provision of the trust allow the son to have beneficial use of the home for the designated period of time, including a term that expired upon his death. Your parents may want to consult an estate planning attorney to evaluate their options.  
It's difficult to answer your question conclusively without more information, but there are some general rules that apply. Florida has some special rules concerning homestead property, which is defined as the principal place of residence for husband and wife, in this context.  The parents would not have the legal right to provide anyone but the surviving spouse with the right to reside in the home for so long as either spouse is alive.  I am also assuming for purposes of answering this question that there are no minor children of the parents. If the parents' desire is to maintain the home in trust after both of them die, then the trust can be amended to include a provision that the son who has provided care for the parents would be entitled to live in the home for whatever period of time the parents would like to provide for him. At that point the amendment to the parents' trust could provide for whatever use or disposition of the home they desired. In the situation you have described, the right of the son to live in the home technically would not be a life estate, it would simply be a provision of the trust allow the son to have beneficial use of the home for the designated period of time, including a term that expired upon his death. Your parents may want to consult an estate planning attorney to evaluate their options.  
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Can I get a POA over my mother's medical situation at the age of 18?

Christine James
Answered by attorney Christine James
Estate Planning lawyer at James Law Group
If she has legal capacity, and she wishes to name you as her agent, yes you an be her agent under the POA. If she does not have capacity or cannot/will not sign, you can go to court and request a conservatorship based on the best interest of your mother.
If she has legal capacity, and she wishes to name you as her agent, yes you an be her agent under the POA. If she does not have capacity or cannot/will not sign, you can go to court and request a conservatorship based on the best interest of your mother.
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What do I do if the executor refuses to give me what was willed to me?

David Goldman
Answered by attorney David Goldman
Estate Planning lawyer at Law Office of David M. Goldman PLLC
The person in possession of the will must file it with the Florida probate court within 10 days of death or you can bring an action to force it and recover the fees associated with the action. Once a Probate is opened, a PR will be appointed by the court and then the PR is in charge of distributing the assets, until a PR is appointed, the will cannot be acted upon. The will must also be admitted to the court. You might want to request a Free Florida Probate Handbook for more information on these topics from our website.
The person in possession of the will must file it with the Florida probate court within 10 days of death or you can bring an action to force it and recover the fees associated with the action. Once a Probate is opened, a PR will be appointed by the court and then the PR is in charge of distributing the assets, until a PR is appointed, the will cannot be acted upon. The will must also be admitted to the court. You might want to request a Free Florida Probate Handbook for more information on these topics from our website.
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