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Questions Answered by Charles David
1 Answer | Asked in Probate for Florida on
Q: How much does probate costs if the property is under $75k and 1 heir?

Property was left to my cousin. Her father has been deceased since 2007. Property never transferred in her name and I would like to purchase it from her. He has no outstanding debt. The property was the only thing that needed to be transferred. She had POA over his affairs. I paid past due... View More

Charles David
Charles David
answered on Aug 18, 2022

This would be eligible for summary administration, which my firm handles for $2,345.00 flat fee statewide. You can also file this “pro se” without an attorney.

2 Answers | Asked in Probate for Florida on
Q: Death was 9\15\21. How soon does personal representative have to register will at probate court?

4 children. Personal representative gave 3 of them $146,000. A trust for the diabled 4th child was to be funded with $146,000. No trust yet 9 months later. How much time legally to create trust?

Charles David
Charles David
answered on Jun 7, 2022

There is no time limit or requirement for the nominated personal representative to administer the estate. If they fail to act, another party can choose to put the case through probate. If a personal representative has already been appointed, several factors affect the timing of distributions and... View More

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2 Answers | Asked in Probate for Florida on
Q: What percentage if an estate does a substitute PR get paid?
Charles David
Charles David
answered on Sep 28, 2021

3%, plus potentially an hourly rate for extraordinary services.

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3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... View More

Charles David
Charles David
answered on Sep 14, 2021

Yes, the deceased sister's children are entitled to money (assuming there is no will directing otherwise). Specifically they will split 20% (their mother's share if she was living).

When someone dies without a will in Florida their estate goes through "intestate...
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2 Answers | Asked in Probate, Tax Law and Real Estate Law for Florida on
Q: Dad died 09 will origin Florida never probated, mom 2014 no Will Florida property I paid taxes can I claim ownership?

mom was longest survivor does dad's Will still have any validity? This year I demolish trailer home to keep property enforcement from court case as I continue to pay for yard upkeep with no cooperation from siblings

Can I put in my name via adverse possession or can will be probated... View More

Charles David
Charles David
answered on Sep 8, 2021

If your dad dies first, his will will control what he owned when he passed. If he left everything to your mom, her will controls the assets after her death. If she died without at will, her estate will pass "intestate" as laid out in this flowchart:... View More

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