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[DLM1]

Jurisdiction/Place:

My father lives in FL w/his 2nd wife. Six grown kids all live out of state. My brother is named in all documents (PA, executor of will, revocable trust & marital trust.)

Wife has convinced him to sell home and return to her home town out of state.

Dad has been diagnosed w/dementia but family doctor is reluctant to put it in writing. But we don't believe he is capable of making an informed decision.

We need a Florida lawyer, not to prevent sale, just to help us protect the assets in the trust.

How do we find a good lawyer? What do we look for?

[seniorjudge]

Q: How do we find a good lawyer? What do we look for?

A: Ask around in the area where pa lives; use the telephone book; ask the Florida state bar for recommendations; etc.

[lwpat]

With the homestead laws in Florida you may be better off if he does move.

[DLM1]

Originally Posted by lwpat

With the homestead laws in Florida you may be better off if he does move.

What does that mean? Homestead laws...

We are pretty sure that she will not put their new home in the name of the trust and now he lacks the capacity for oversight. He intended for it to pass to his family rather than her family after her death.

We don't believe her to be malicious, only negligent in such matters as she is starting to show signs of dementia as well. We are past the point of conversations with both of them. The trust is sizable.

[lwpat]

Do a Google search for the homestead laws in Florida. Florida laws are convoluted. Do a search for an elder care attorney and let him review the documents. There is a list of attorneys on the NAELA website. Everything depends on the exact wording of the trusts/will subject to state law where the will is probated.

Her desire to return to her home where I assume that she has her own family support system to help seems very reasonable.

[Scooterdog]

homestead declaration/exemption has nothing to do with this. Those are to protect the home from forced sales from certain JUDGMENTS, and to protect you from liens.

Also, you HAVE to be the OWNER hand LIVE IN THE HOME. With your brother having PA, executor of will, revocable trust & marital trust, I don't see how you can legally file anything in respect to the homestead exemption. If your father files a homestead declaration/exemption, you won't be able to touch it, and will never see a dime if he does sell. It would be good for him, but no so for you.

You can check it out, but I think it will be a waste of time. You will have to block the sale, and to do that, you're going to have to challenge your father and bother.

You can get a temp. injunction, or at least file one, but here again, you will have to have something to challenge your father and brothers authority. You also have to make sure you are filing in the correct court.



If your father is incompetent, you should get him a GAL to protect him legally.

Or maybe I'm reading this wrong. Who's selling the house? Your father? Or Brother? Can your father sell without your Brothers consent?

You can call the AG's office, they can recomend a lawyer/firm for you.

[DLM1]

Thanks for the NAELA site. I think it's what we need.

What she hopes for and what her family can actually do (divorce, alcohol, meth, etc) are two different things. Even they agree.

My Dad resisted this move for years but now is unable to oppose it. She is in a panic and we believe they will out live the estate and will have nothing for his care. She let their long term health care lapse through neglect. He is 86 and is unbelievably physically fit but not mentally. She is 74. She writes all checks and has him sign. My brother is not involved in their ongoing financial affairs. (Brokerage accts, etc)

All the assets are in the name of his living trust.

The biggest concerns are: 1) what happens to all the legal provisions (revocable trust, marital trust, durable PA, medical directive) he made in Florida once they relocate to another state. 2) Is he even competent to make a new will and what happens if he doesn't, given the different laws of probate is each state.

The question on a personal note, involves the process of having him declared incompetent in order to replace him as trustee of his trust. Several years ago when my brother asked his lawyer this question he said "Don't worry, come to me and I'll walk you through it." Unfortunately this man died, the account passed to a young lawyer in his firm who does not know us and is reluctant to talk to us saying he does not represent us.

All of his children, including my brother, are on the same page in hoping to protect his assets. This idea of moving caught us by surprise after Christmas, although apparently she has been planning it for some time.

Thanks again.

[lwpat]

If valid in one state, they are valid in all states. The difference is the law of his residence will govern and that can vary. For example the amount the wife can claim irregardless of the will may vary.

For example, in Florida the spouse receives a life estate in the marital home irregardless.