Hudson, FL Estate Planning Law Firms & Lawyers

If he has a power of attorney for his wife then he probably can. The power of attorney will need to be reviewed to determine if he can sign a contract for her. Good luck. If he does not you may need to petition the probate court for an order. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

Without reviewing the trust document itself, no one can answer this question.  In some states a trustee is required to provide an annual accounting to any beneficiary 25 or older.  But damages must be shown before a beneficiary who was not notified is entitled to any compensation.  "Strong arming" might fall within the category of undue influence but undue influence is extraordinarily difficult to prove.  Without reviewing the trust document itself (which if it was available publicly appears to be a trust created by Will), it appears that you are likely entitled to nothing and would spend a great deal in legal fees trying to get it.

Typically judgments that are properly filed with the County Clerk create a lien against any property owned by the Defendant in the county where the judgment was filed. This typically means that if the Defendant's property is homestead then the lien just sits there and unenforceable until the Defendant tries to sell or refinance the property; at which time, the lien must be paid. However the transfer of the property by rights of survivorship (and not by transfer of deeds) creates a loophole for this situation; therefore, as long as the property only transfers through the rights of survivorship you should be fine. Here's your other problem, if you titled the property to you, your husband and your son as joint tenants with right of survivorship (and your son is a minor), then you created a situation where you can't transfer the property (i.e. quit claim deed or warranty deed or sale) without everybody signing the deed and if your son is a minor he cannot sign the deed and you can't sign the deed for him without going to Court and getting a guardianship for the property of a minor (you should consult legal counsel to go over the one exception to this rule). If your son is not a minor, then you still need everyone to sign the deed in the order to transfer the property. It is typically not a good idea to put real property in a child's name.