I, as the surviving spouse want to sell this property (FL) and need to probate it because I am not on the deed, only my husband. He and I had 2 children together who are minors and he had one adult child from a previous relationship as do I. I was advised that upon the sale I am entitled to 50% of... Read more »
living trust. I can not cash them because the bank closed the living trust account since it had not been used for so long (without my permission). In order to file a petition for summary administration to cash these checks they want the orginal copy of my Mom's will. I made copies of her... Read more »
If you only have a copy, you would have to Petition the court to accept a copy of the Will in lieu of the original. This requires notice to all who would stand to inherit if the Will were not "admitted" by the Court to Probate. However, if the property is indeed Trust property, then...Read more »
Yes, if the house is in the decedent's name alone and she/he left it to three other individuals in a Will, then a probate will have to be opened and the Will admitted to probate in order to transfer title.
You will need to hire an experienced Florida estate administration attorney to...Read more »
As a Trust beneficiary in Florida, you are entitled at a minimum to information about the assets of the Trust, a copy of the Trust and annual accountings. The terms of the trust will govern when you are entitled to distributions. In addition, another limiting factor (as to when you receive a...Read more »
If you are saying that an Order of Discharge was signed on 12/30/17 and that a Notice to Creditors was published providing that creditors had three months to file a claim, then this is an untimely filed claim for which the Estate is not responsible. The only way you might obligated to pay a...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.