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Can I appoint a Guardian for my children in my Will? The answer is: Yes you may. In fact, that is where you usually do designate your Guardian since as long as you’re alive you will serve as a natural guarding of your child. Because you designate someone to be the Guardian does not necessarily mean that they will be appointed because they will do what is in the best interest of the child.

There are two types of guardian. One, the Guardian of the Person who you appoint to take care raising the child and basically serving as their surrogate parent. And then the Guardian of the Property. These can be two different people. That’s the person who takes care of the money for the Minor. At age 18, they receive the money from the guardianship. So, if you’d like to set up a guardianship or provide for a guard in your will, give me a call at 727-847-2288.

Video Summary

Can I dispose of my property any way I wish? I assume that you’re speaking of putting … Whenever you pass away, putting it on a will or a trust. The answer to the question is, is if you, yes you may, except if you’re married and then there are some limitations. As far as like your homestead, you cannot leave it to anyone you wish if it’s your homestead property, real property. You have to provide for your spouse. Or if you have minor children, you cannot dispose of it.

Any other assets, maybe you can leave it to anyone you’d like under the terms of your will. If you’re married and exclude your spouse, they have a right to what they call an elective share wherein they can claim a 30% interest in any and all assets that you owned prior to your death.

The answer is a qualified yes, except as far as your homestead property. Of course, and if you have property that you own as husband and wife, you cannot convey that or leave that to anyone, or property you own as joint tenants with right of survivorship in a will or trust.

So, if you’d like to do some estate planning and discuss these matters, well, give me a call at 727-847-2288.

Video Summary

Must the will be read to the family presumably after someone dies? The answer is no, and that I am asked this question any number of times, and I don’t know of its origin unless it’s out of the movies in that I’ve been practicing 45 years and this never has been a requirement under the probate code to read the will.

Under our present probate statute a copy of the will is provided to any of the beneficiaries and gives them an opportunity to contest it. No, there is no requirement to huddle all the family or the beneficiaries around to read the will and for them to comment or whatever. It says what it says and they will get a copy of it in the mail, and it’s usually all part of the probate process which the personal representative is responsible and relies upon the lawyer to assist them in sending out copies of the will and letting them know if there are beneficiaries, and if so letting them know how much they are to receive or the will will state how much they are.

So if you would like to probate a will or if you would like to create a will, give me a call at 727-847-2288.

Video Summary

Tenancy a substitute for a will. The answer is, is I don’t know if you put in your will that you wanted your joint tenant to receive it, the document that, provided that you own it as joint tenants would override whatever provisions you put in your will.

Having your documents with beneficiaries or joint tenants is all part of estate planning. You go through and I ask in an estate planning conference, “Who do you want to receive these assets?” Then I go through and say, “Well, how are they titled?” Then with that, that’s why you call it estate planning. If you hold it jointly with them, that means you have a joint interest, a half interest, or a lifetime interest in the property.

I wouldn’t necessarily call a joint tenancy a substitute for a will. It’s all part of the estate planning process and assets that are held as joint tenants with right of survivorship automatically pass to the survivor. If you’d like to do some estate planning, we’ll address all of these issues. My phone number’s 727-847-2288.

Video Summary

Is there a statute of limitations on mortgage loans left over after a foreclosure? The answer is yes. The Floyd legislature changed law several years ago that said that the lender must file an action for a deficiency judgment within one year of the date of the foreclosure sale. So therefore they have one year in which to bring an action for this deficiency judgment. If they got a judgment several years ago before the statute, this may not be applicable. If you have questions, email me at q@rdwaller.com or on social media, it’s #wallerlegal, or call me at 727-847-2288.