She has abandoned this home. What can we do. It's in her name only. In Tallahassee fl. 2011 last time she was there. House vacant.
answered on Jan 10, 2024
You should have the probate order and deed reviewed, but if she was given the home for life or entirely via deed and does not want the property, then she can or should potentially deed the property to you via some deed. In addition, you need to make sure that any mortgage is being paid, property... View More 
Seems like a conflict of interest.
answered on Jan 6, 2024
An Executor (called Personal Representative in Florida), is entitled to 3% of the estate value for their role, if they are a real estate agent and it is agreed that they get 3% in that role, that would likely be fine as well. The real issue is that the property may or may not be qualified as part... View More
The stepfather and mother of stepchild divorced decades ago. The once stepfather passed away and left the once stepdaughter executor of a Florida will. The once stepdaughter lives in California. Can she still be the executor of the will?
answered on Jan 6, 2024
You will have to provide more details and information and speak with a Florida Probate Attorney in order to get a more detailed answer based on your precise circumstances. If the stepdaughter was adopted this will resolve the issue. Generally, it is difficult for a non-resident of Florida to... View More
Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More
answered on Jan 2, 2024
This is and will be a Florida Probate matter that will need to be addressed with the help of a probate attorney, the attorney will let you know the type probate that will be required and how to address any of your concerns and issues. The Will should be copied and reviewed by an attorney, the... View More
I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More
answered on Dec 29, 2023
I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to... View More
Hello,
I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"
answered on Dec 18, 2023
A review of the property deed would be necessary and helpful to start, but if the property is in the name of the deceased father alone, then some version of probate will be required, and an attorney will be needed in most all circumstances. Based on the type of property (Homestead) or other and the... View More
My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More
answered on Dec 12, 2023
You will want to take a look at the clerk of the court probate documents in the county where this took place, there should be status and resolution updates related to the home and other matters related to probate and assets. You may end up having to hire your own probate attorney if this is... View More
Unfortunately my grandmother just passed and I’m helping my mother in getting everything organized. My grandmother has a will requesting her assets be split between her 3 children. The only assets she had when she passed is a checking account that my mom is joint owner on and some personal items... View More
answered on Dec 6, 2023
I am very sorry for your loss on the passing of your grandmother, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is generally no, if there are no assets in your grandmother's name alone, then no probate will be necessary,... View More
HE was born in Puerto Rico. His will states ALL his Property & Assets are to be Equally divided to his 2 Biological Daughters (two different wives) & StepDaughter. He owns 2 Homes & Parcel of Land & no mortgage in Ceiba, Puerto Rico & 1Condo Property in Pompano Beach, Fl with... View More
answered on Dec 4, 2023
I am very sorry for your loss on the passing of your father, please accept my condolences at this sad and difficult time for you and your family. Since your father owned property in both states, some version of probate will be required in both states. You will want a Florida Probate Attorney to... View More
My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work
answered on Nov 30, 2023
I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More
arrangements for his funeral. i have a key to his house and have stayed with him many times. He also set up a bank account with both our names. He told me to pay his bills if he could not. I have no legal paper to show that I can do things on his behalf. He died unexpectedly. I had recently been... View More
answered on Nov 27, 2023
I am very sorry for your loss on the passing of your brother, please accept my sympathy and condolences for you and your family at this sad and difficult time. You will want to wait on paying any bills until you speak with a Florida Probate Attorney, much will depend on the type of assets that... View More
Had a fire back in May of this year. Finally got the insurance check after my husband died. Mortgage company isn't accepting his death certificate as a reason he didn't sign the check. But are requesting that I send them a letter of success.
answered on Nov 26, 2023
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and you family at this sad and difficult time. It is likely that you may need some version of probate, either a Summary Administration or if you really need Letters of Administration potentially a... View More
answered on Nov 25, 2023
I am very sorry for your loss and please accept my condolences for you and your family at this sad and difficult time ongoing. You will want and likely need to work with a Florida Probate Attorney if you have not already spoken to one, your question was cut off so you will need to provide... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
answered on Nov 22, 2023
I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More
answered on Nov 19, 2023
You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and... View More
What are the tax implications after receiving beneficiary funds?
answered on Nov 16, 2023
Yes, while it should pass to you outside of probate, they can dispute these assets and their transfer to you on various grounds such as undue influence, your dad's mental capacity, amongst others. So, siblings can try to make things difficult, and you would need legal counsel to fight any such... View More
answered on Nov 15, 2023
I would not advise that you sign any documents without your own probate attorney and definitely not anything with missing pages that your own attorney has not reviewed on your behalf and based on your interests as a beneficiary of the estate. If you have any doubts or concerns and even generally,... View More
deceased child left 3 kids who want their mothers portion of estate. 5 living siblings all agree to sale property-3 kids refuse to sell. How to proceed w/o kids?
answered on Nov 14, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property... View More
example of the form?
answered on Nov 9, 2023
This is a form that a Florida Probate Attorney would need to draft based on the circumstances of your probate, it may be available on the clerk of the court website in the county where the probate is taking place, but this is really a form and probate that you need and should use the advice of an... View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
answered on Oct 31, 2023
While you can accomplish some of your intended goals with proper planning, the use of a trust in the manner that you have inquired and proposed is not one of them generally speaking. Estate planning is for the purpose of trying to avoid probate and distribute your estate assets in the manner that... View More
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