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Questions Answered by Justin Stivers
3 Answers | Asked in Probate for Florida on
Q: My mom passed away in Florida with a Will and beneficiaries listed on all financial accounts. Is probate required?

She transfered all of her real property to other family members before her death including her home.

Justin  Stivers
Justin Stivers
answered on Jan 31, 2022

Sorry to hear about the passing of your mother. If there are beneficiaries, then probate for those assets are likely not necessary. For example, if someone is listed as a beneficiary on the bank account, that person could just go to the bank and withdraw the money (after filling out the appropriate... View More

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1 Answer | Asked in Insurance Bad Faith and Probate for Florida on
Q: What’s the statue of limitation on life insurance

My deceased father made his sister a successor on his life insurance and I was a minor at the time of his death. I want to know did the agent have rights to release my portion of the money to my half brother who gained guardianship of me, being that my Aunt was the successor.

Justin  Stivers
Justin Stivers
answered on Jan 22, 2022

Have you contacted the life insurance company? Was a guardianship opened on your behalf? If so, money was probably released into the guardianship account. I would need more information to give a proper answer.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: if 4 heirs agree to sign affidavits to give a house to 1 heir can the court make them sell the house at market value?

same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?

Justin  Stivers
Justin Stivers
answered on Jan 18, 2022

If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market... View More

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