My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?
answered on Apr 19, 2024
You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):
(2) Exempt property shall consist of:
(a) Household furniture, furnishings, and appliances in the... View More 
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 16, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More
I need it to get the car title put into my name
answered on Apr 9, 2024
It depends on the type of assets that will be part of the estate and what their overall value is which will determine the type of probate, if any, is needed and applicable. The Will may need to be probated and in order to do a probate you likely will need a probate attorney based on the type of... View More
My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More
answered on Apr 6, 2024
I am very sorry that you have lost both of your parents. The answer to your question is that it depends, you will want to have the property deed reviewed by a probate attorney and it is possible and even likely that you will need at least one probate done and possibly two if your dad's probate... View More
answered on Mar 18, 2024
You will need to have a Florida Estate Planning Attorney look at and review the Will and or Trust and see what can be done and under what circumstances. Hopefully the grantors of any Trust or any other estate planning documents are alive and have proper mental capacity, in addition, they will need... View More
PR LAW... Each child was granted property while father was alive now 3 rental properties remain. Heard there is a new law. Can you say what percentage to each?
answered on Mar 4, 2024
I am very sorry for your loss and please accept my condolences for you and your family. When there is no Will, then the Florida Intestate Statutes (without a Will) will apply. If all the children are from this marriage, then the surviving spouse inherits everything. You will need to speak with a... View More
Numbers match how can they deny my homestead application
answered on Mar 2, 2024
You will need to get your driver license updated to match the name on the deed, your current legal name, both need to be in your current and correct legal name, obviously, the easiest and fastest is to update your license if you can and this should solve your problem. The same would go for any deed... View More
answered on Feb 24, 2024
Generally, any assets and real estate in Florida will be handled in accordance with Florida Law and any assets in Puerto Rico will be handled in accordance with Puerto Laws if a probate ever becomes necessary at some point. The main probate will be done in the state where the person is a resident... View More
When I asked for a few minutes of his time to go over his last update on the case, he replied with a time and a statement that my retainer amount expired (which I paid two weeks prior) and that fees have accrued (although no event occurred between the payment time and the email sent). I asked what... View More
answered on Feb 19, 2024
Every attorney is different and every fee structure is different, it also depends on the type of legal help you are getting, probate, civil matter and litigation, real estate, etc., so it depends, the engagement contract should be clear on what is and what is not included as well as the hourly or... View More
I have a warranty deed with my name and my husband's name on it he has passed then I also have a living trust revocable that has a quick claim deed in it to me with me and my husband and on another page of the special directive it says for the step kids that I may live here until I moved or... View More
answered on Feb 14, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with and consult with a Florida Probate Attorney, based on when the deeds were done and precisely what they say will have some... View More
Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?
answered on Feb 13, 2024
You would have to have both the Trust and the Deed reviewed by an estate planning/probate attorney. Generally, it sounds like you only have a life estate, that said, unless you signed a pre or post-nuptial agreement, you would have substantial rights related to your Homestead Property no matter... View More
I am bio daughter living in FL and mother passed 4 days ago. Brother in Missouri has taken executor roll from my Aunt whom was named by mother 1st. I am getting very minimal information except that her estate is larger amd more complex than thought. Several ins policies and banks ect. Should I get... View More
answered on Feb 6, 2024
I am very sorry for your loss on the passing of your mom, please accept my condolences at this difficult and sad time for you and your family. 4 days is not a very long time, and it will take some time to get the probate going and find an attorney. You should not expect much information within this... View More
My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More
answered on Feb 5, 2024
I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More
But trusts do help avoid probate costs. If nearly all my assets (property, bank/retirement accounts) are already set to beneficiaries I chose - except my car, do I really need a costly trust instead of a less costly will? Is a trust really for a person that has assets that are not already secured... View More
answered on Feb 4, 2024
A Trust and related estate planning allows you to indeed avoid probate and save a substantial amount of time, headaches and money if a probate is eventually needed. Even if you have a Trust and you do not timely draft, execute and update it you may find yourself in probate anyway. In addition, I... View More
The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More
answered on Feb 3, 2024
You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More
My father recently passed away. He was hospitalized for one year, and his health insurance was not able to cover all of the medical costs. Now, my mother is faced with more than $30,000 in medical bills which she is unable to pay. Is mother responsible for paying my deceased father’s medical... View More
answered on Feb 2, 2024
I am very sorry for your loss on the passing of your dad, please accept my condolences. The answer to your question is generally "No", you will want to contact and speak with a Florida Probate Attorney as well. As long as your mom did not sign anything and obligate herself to the medical... View More
The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?
answered on Jan 29, 2024
I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. You will need and want to contact a Florida Probate Attorney, based on the type of assets and the overall value will determine the type of probated that... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More
answered on Jan 17, 2024
While you may pay for the attorney, it should be clear in the engagement contract whom they are representing in the probate or applicable matter. Are you or your nephew the estate Personal Representative, the trustee of a Trus, an interested party or beneficiary, also, at what point do your... View More
The deceased passed away in October of 2023 as of today no probate has been established nor has the will been filed with the clerk of courts in the county decedent lived in.
answered on Jan 17, 2024
I am sorry for your struggles, in accordance with Florida Statutes, a Will must be submitted to the clerk of the court in the county where the person was a resident within 10 days of passing (hardly anyone ever does this for a variety of reasons, but it is the law). In Florida the Executor is... View More
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