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Florida Probate Questions & Answers
2 Answers | Asked in Estate Planning, Constitutional Law and Probate for Florida on
Q: Is there any possible scenario that would allow for second cousins to inherit under intestate succession?

If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Oct 26, 2021

Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... Read more »

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2 Answers | Asked in Real Estate Law, Criminal Law, Landlord - Tenant and Probate for Florida on
Q: Trustee of my Father’s estate is refusing to show, share or provide list of beneficiaries. What can or should I do?

Trustee has not shared the Trust. It is believed he disposed of the most recent Will, & filed an older version in which he filed a month after my dad passed, & has slowly trickled in other documents:

One property was not part of the trust, yet somehow he has been able to transfer... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 20, 2021

There's no online help. You must retain an attorney to protect yourself. The personal representative should have a lawyer representing your dad's estate.

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1 Answer | Asked in Probate for Florida on
Q: (Florida) Have a car as an asset in probate, nearly paid off (no will) one sibling will not sign off to sell. Any remedy

If we can't sell car, we will lose it, as I can't keep paying on it and insurance.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 17, 2021

The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case... Read more »

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: In Escambia County Florida, i heard it might be possible to pay a fine instead of community service. Is this possible?

I was addicted to drugs at the time, so I had no choice but a public defender. Would definitely be open to hiring an attorney for a modification if necessary

Henry George Ferro
Henry George Ferro answered on Oct 12, 2021

It is certainly within reason to have the community service converted to a monetary payment in most parts of the state

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If I received money from escrow and homeowners but also got the house should that amount be taken off my final amount?

My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2021

The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole... Read more »

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3 Answers | Asked in Civil Litigation and Probate for Florida on
Q: What recourse do I have w/ a law firm on the problem stated below?

An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 30, 2021

Have you asked them to send you the money? What's the real issue? Nobody except the law firm of whom you are a client would know why 9 months have transpired and no call. Perhaps they were waiting for the other case to settle and pay everything at once. Who knows? did you ask them the same... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Hi, My mother passed in 1988 and my father passed in July. How do I inherit the house? I have notarized copy of his wish
Phillip William Gunthert
Phillip William Gunthert answered on Sep 30, 2021

I am very sorry for your loss and on the passing of your father, please accept my condolences for you and your family at this difficult time. The answer to your question is that it depends, if what you have is a Will/Trust/Deed that is one thing, if it is not a valid and legal document as listed,... Read 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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1 Answer | Asked in Probate for Florida on
Q: Probate Question re: filing Disposition of Personal Prop without Admins. in Florida

My sister died as result of auto accident. All prop damage and medical injury bills are being handled under her auto policy. Other driver sustained minimal injuries and insurance trying to settle under limits of policy. Can we file for Disposition of Personal Prop without Administration while... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Sep 27, 2021

I am so very sorry for your loss. If you properly file the court papers for Disposition of Personal Property Without Administration and provide the appropriate supporting documentation and get the waiver/consent of all the heirs, then the court will prepare the order and the judge will sign it.... Read more »

1 Answer | Asked in Probate for Florida on
Q: How do I go about claiming my father's assets as mine im his only child and we shared the home as it is my legal address

there's been no will found he sold the land to his brother but not the mobile home he had rights to it til he died they won't let me come home have taken everything out of my home and moved someone in

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2021

It appears that you may be qualified for Disposition without administration.

See:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0735/0735PartIIContentsIndex.html&StatuteYear=2021&Title=%2D%3E2021%2D%3EChapter%20735%2D%3EPart%20II

2 Answers | Asked in Probate for Florida on
Q: My dad got married in Jamaica 10 mos before he passed is his original Will stating he’s single without naming her legal

He went to Jamaica to get the marriage annulled but got really sick and died 2 days after he arrived in Jamaica before he had a chance to do so. Is she still entitled to a percentage of his estate that she never visited or lived in or contributed to here in Florida?

Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

What is your question? She is not in the Will.

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1 Answer | Asked in Probate for Florida on
Q: I am the Personal Representative and custodian of an original Last Will of a decedent, Broward Co., FL. Small estate.

The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.

What other documents should I present to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 16, 2021

I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward... Read more »

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... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 15, 2021

Very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this difficult time. When someone passes away without a Will then the Florida Intestate Statutes (without a Will) apply, while estate matters can be somewhat complicated... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Is it possible to get a curfew probation violation dismissed with video evidence of me being home?

Getting video from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court to subpoena the gps on my cell... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 30, 2021

This is not a probate matter. Probate is the disposition of a dead person's assets and liabilities. Your issue is a criminal.defense. issue.

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... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 23, 2021

Many issues here, and nobody can read a Will online. You'll need to hire a probate lawyer to help you sort through this.

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3 Answers | Asked in Probate for Florida on
Q: Uncle wants me to sign off on my grandmothers house

My grandmother passed 8yrs ago

She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also

He wants house in his name

But i do not agree and will not sign off

What can i do to make both of us... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Aug 23, 2021

You need to get a copy of the deed and review it. If the deed was only in your grandmother's name and there is no surviving spouse (grandfather) at the time, then it is likely that the property should have gone through some version of probate (or petition for homestead filing) in order to... Read more »

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1 Answer | Asked in Banking and Probate for Florida on
Q: A Florida resident died without any possessions but with a small balance in a checking account. Can NOK withdraw?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2021

Perhaps. See this statute to determine if it applies:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html

2 Answers | Asked in Probate for Florida on
Q: A Florida resident died without a will and without any possessions. He had a checking account with a small balance
Nina Whitehurst
Nina Whitehurst answered on Aug 16, 2021

Do you have a question? If you do, may I suggest that you repost with your question.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: will it be a problem if my Date of Birth is incorrect on my mother's will?

I used to live with mom. We siblings are not close and I decided to exit the toxic environment back to another toxic environment that I was more comfortable with. That being said, I had taken mom to have a will drawn up because she was displaying a loss in cognitive value. She was later diagnosed... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 16, 2021

Yes, but what's the basis for disputing it? That your date of birth is wrong? That's probably not a material issue to render the Will invalid. But the best advice is to take Mom's new Will to a probate attorney who is licensed to practice in Florida, who may be able to give some... Read more »

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