Video Summary

This is a follow-up question is can I remove an easement from my property? The question was is that the … but sound like a family situation where there’s a 50 foot easement across the property and the sound like adjoining properties with this follow-up question. The location of it appears to be across certainly a portion of one of the properties and is being sold, the parents are selling their portion.

My experience has been that usually easements are split down the middle so 25 feet on each side of the easement. In this instance, if you came in, they eat 25 feet of the 50 feet, it would run right through the middle of this party who is not selling property. And this question was is whether or not they could put anything on that 50 foot easement. The answer is no, they cannot. The easements are usually for specific purpose such as ingress and egress and so they are not even allowed to park cars on the easement. They can only use it for the specific purpose that is set forth in the document that created it. They can’t use it for any other purpose. I suggest that you probably get some surveys or whatever to try and to find exactly where the easement is and try and make peace with whoever the new purchaser is of the property. They can only use it for whatever specified use that is set forth in the document that created the easement. If you have any questions, give me a call. It’s 727-847-2288.

Video Summary

A joint bank account to a third party in a will? Well, that’s sort of a contradiction in terms, and that if you set up a joint account with a third party, then that money will pass to the joint holder under Florida law and will not be controlled by the will, so that the will will not control any joint accounts. So that’s why you need to do estate planning so that you can determine what assets are going to pass outside the will and then what is going to be controlled by your will, so the will will not control jointly owned assets, that’s controlled by the bank contract and the Florida statutes, which says the co-owner of a joint account is entitled to the proceeds upon one of the co-owners’ death.

So if you have any questions about this, give me a call at 847-22-88. Thank you.

Video Summary

If you are family but not a beneficiary of an estate, can you find out what the beneficiaries receive? The answer is no, you cannot, and that the inventory for the estate is sealed so that you are not going to be able to get a copy of the inventory. Therefore, you will not know what each of the beneficiaries receive and that there is a final petition for distribution, which then would set forth what is left from the estate after the payment of creditors, and that would show what each beneficiary receives. If you’re not a beneficiary, you don’t receive the inventory nor the final accounting and the petition for distribution discharge. You do not find out whatever everybody receives. Another problem is that many assets are jointly held with non-family members, and that’s not something that’ll be shown in the estate.

If you have any questions about this, give me a call at 727-847-2288. Thank you.

Video Summary

Can you keep other beneficiaries from knowing what you receive from an estate. You cannot and that the will that you have probated is public records, so that will show if you’re receiving what everyone’s receiving. If it’s a part of whatever’s left over after paying the creditors, which is called the residuary portion of the estate, and not set forth in the will, whenever there’s a petition for distribution, well, then attached to that it shows how much each beneficiary is receiving and that’s sent to everyone and hopefully all the beneficiaries are the ones that will agree to the distribution so that it does not have to be filed with the court.

The inventories for an estate’s are sealed and are not public record so only the beneficiaries will know what everyone receives and that they received the will as well as a petition for distribution and discharge.

So, if you have any questions about an estate administration give me a call at 727-847-2288.

Video Summary

How do I find out if I’m a beneficiary of a trust? This has been a problem for years that people have faced and that’s part of the purpose of having a trust is so that it doesn’t become public record. So, if someone has set up a trust they usually name themselves if it’s an estate planning trust and then upon their death they name a successor trustee who’s supposed to follow the instructions or what’s set forth in the trust as far as distribution. They need to notify the beneficiaries. If the trustee fails to do that and doesn’t notify you that you’re a beneficiary, it’s very difficult for you to get a copy of the trust in that you’re not entitled to it and you don’t know whether or not you’re a beneficiary so you don’t want to spend much money on attorneys fees to see about for trying to find out whether you’re a beneficiary. If you don’t have a copy of the trust to know one way or the other, well then I’m afraid that you’re out of luck as far as trying to determine whether you’re named in trust. Particularly if the successor trustee does not do what they’re supposed to do and let you know if you are a beneficiary.

So, if you have any questions, give me a call at 727-847-2288.