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Florida Probate Questions & Answers
2 Answers | Asked in Probate for Florida on
Q: What papers do I file for alimony in Florida with the case in Massachusetts. ?

My ex husband owes me court ordered alimony has not paid me in almost 4 yrs he moved to Florida a yr ago built a million dollar home . I have served him a few time never showed up for court the judge has him in contempt here in Massachusetts. I don’t know what I need to do to start a Florida case... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Nov 28, 2022

You would need to hire a family law lawyer here in Florida. He would need to domesticate the foreign Massachusetts Alimony order here in Florida. Once that transfer is made, you can then enforce that via discovery and contempt if need be.

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1 Answer | Asked in Probate for Florida on
Q: My bf passed in May and his sister has taken over as executor. She has his bank account and vehicle through probate

His car is still in my driveway. I am in Florida. Can I legally have it towed ? Also my HOA says it needs to go bc there’s no insurance and expired out of state tags. She’s causing a ruckus and I just want the car gone.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 25, 2022

Yes, you can have it towed, but I suggest that you first give her a few days written notice.

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Mother passed away in Florida - the only asset to be managed is a single check for $7969.64 made out to her estate.

The check is a distribution from my late aunt's trust. We are unable to deposit it because we have no estate account for my mother. There was no probate process initiated for her because my parents' assets were combined/shared 100% -probate was done via my father's summary... Read more »

Jose Ignacio Leon
Jose Ignacio Leon PRO label
answered on Nov 18, 2022

Generally speaking, you're right in thinking your first and best step is to talk to the trustee of the trust.

Depending on the language of the Trust there might be a fair amount of flexibility in how they can issue the distribution checks.

Additionally, in most trusts there is...
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1 Answer | Asked in Probate for Florida on
Q: Is probate court necessary for an estate under a certain amount, is a lawyer, & guardianship, what's the cheapest?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 2, 2022

It the value of the property "does not exceed the sum of the amount of preferred funeral expenses and reasonable and necessary medical and hospital expenses of the last 60 days of the last illness", disposition without administration may be the way to go. See:... Read more »

1 Answer | Asked in Probate and Estate Planning for Florida on
Q: Am I entitled to my my deceased mothers half of a house jointly owned by her and her living husband?

My mother didn't leave a will per se but she did leave a document saying what she wants done with here valuable assets. Her husband is still alive and living in a long term care facility and is on medicade. My step brother is moving quickly to have me removed from the house (I live in the... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 28, 2022

You need to retain an attorney now. This is not something that you should try yourself.

1 Answer | Asked in Foreclosure, Estate Planning, Probate and Real Estate Law for Florida on
Q: As a personal rep in FL am I able to sell a homestead property with a reverse mortgage if one of the heirs lives oversea

And is unable to be found( presumed dead) and the other also lives overseas but refuses to sign any documents?

Sherri B. Simpson
Sherri B. Simpson
answered on Oct 25, 2022

That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother is trying to file a petition for administration regarding her husband .She is having trouble finding the docs

He passed last December and she is at a loss. The amount is small so she wants to do it herself. She only gets social security

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 25, 2022

I am sorry for your loss, please accept my condolences. If you check with the clerk of the court in the county where your mom and her husband lived, either online or directly with the clerk, you usually can find the basic forms that you may be able to use to file a basic probate. It is often the... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother died in May of 2022 and we're still working on probate the house was appraised at 390,000 a month later.

We're still going through probate and my brother is going to keep the house and pay me half of what it's worth once we're done. But he now says that the house is going down in value now that we're almost in November and that hopefully this gets done fast before it keeps losing... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2022

The date that you can or should use is the date of death (DOD) date, but you can go up to 6 months after death, beyond that is usually not an acceptable date based on the IRS rules generally. The appraisal you should set the price at is within 6 months of death, otherwise each month the property... Read more »

3 Answers | Asked in Probate for Florida on
Q: Do children have rights to an estate if the parent has surviving spouse?

She passed 4 years ago and my stepfather won't speak to us or let us in the home. We have nothing of our mothers. The home was left to her by a man she took care of for 10 years or more. Her husband was on the house by law but she had me take her to a divorce attorney before we found out she... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 18, 2022

It depends on whether mom had a will and some other things. If my wife died, my son couldn't just come into my house and take things that belonged to my wife (let's say her favorite baseball cap that she wore when he was growing up, and so it had some meaning to him). Bank accounts, cars,... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My mother recently passed away at the age of 95 in the state of Florida. I am having a problem with one of her annuities

The company is a well known company that handles pension plans and annuities. I was able to access my mother's accounts online there's well over $100,000 of equity in two accounts. I reported this information almost 4 weeks ago I was told I was going to get a packet of information. I... Read more »

Carol Larmond Grant
Carol Larmond Grant
answered on Oct 11, 2022

I would highly suggest that you do not send them the original copy of any documents that you have regarding beneficiary designation. It might be a good idea to hire an attorney to write them and make an official demand for payment according to the beneficiary designation form that you have. All... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can parents will/give a house to adult child when there is still a mortgage?

Can the mortgage and all paperwork be left as is until both parents are deceased? At that point, can the mortgage be paid off and everything changed over as long as it is amended to the will to do so?

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 8, 2022

Generally, yes, while I would encourage you to speak directly with a Florida Estate Planning Attorney, the property can be left to children and the children in many instances are able to assume the mortgage, this is particularly so if it is the Homestead property of the parents. Remember, a Will... Read more »

5 Answers | Asked in Probate for Florida on
Q: Personal representative for deceased relative
Mark R. Osherow
Mark R. Osherow
answered on Oct 6, 2022

Florida Statues Section 733.302:

Who may be appointed personal representative.—Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal...
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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: How can a judge let my deceased brother wife have everything after my uncle was trustie and now she is and not notify

Any beneficiary of the will. What is the first step I need to do because I don't agree with this and I'm the next hier in will.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 5, 2022

A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will... Read more »

1 Answer | Asked in Tax Law and Probate for Florida on
Q: My brother sent me a check for over $50,000 his name was also on my mother's checking account for the last 2 years

Since his name was on it he said it doesn't have to go through probate so you wrote me a check for over $50,000. Should I cash this check or make him give me multiple checks so the banks don't tell the IRS even though it's inheritance. He wrote inheritance on the check but everything... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 19, 2022

I am sorry for your loss on the passing of your mother, please accept my condolences. Be glad that you go the check at all and that your brother did what your mom wanted (cash it or deposit it asap), legally your brother had zero obligation to give you even a penny of that money if his name was on... Read more »

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2016. Her sister and mother "tried" to record a quit claim deed that mother supposably signed.

The clerk never processed said document. I went to probate court and received my mother's home and property. I'm trying to sell the home and property but a buyers title company said that I would have to get my mother's sister off the deed. But it was never recorded or processed, it... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 17, 2022

You will want to have a Florida Real Estate or Probate Attorney look at the probate documents and or any deed/s that may exist, if a probate was done as you have mentioned, then there should be an order from the probate court/judge that specifies the property as homestead or real property as being... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 15, 2022

I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will... Read more »

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1 Answer | Asked in Probate for Florida on
Q: My father recently passed away, before he died in front of several people he promised me his car.

His wife is a horrible person and at first was fine with the car (her name & my father on title), i have texts about her giving me the car, she then became very defensive and now wont answer., very long story Can i sue her in small claims court? This is clearly principal as my father wanted me... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 25, 2022

Her name and his name were on the car's title? The instant your father died, complete and total ownership of the car passed to her. The car would never go through probate because of that, so a Will is irrelevant (as to the disposition of the car). You have no case against his wife.... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, how can the next of Kin obtain the authority to get bank account balance of deceased dad released to her?

I requested from the bank that my deceased dad was an account holder at, if they could release the bank account balance at the date of his death to me, so that I could figure out the value before filing to court. They want letters of intent and letters of administration 1st. Is there a way to get... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 23, 2022

Sorry, Floridas circuit court clerks, judicial assistants, magistrates, and judges are far too busy to be sitting around by the phone texting friends and waiting to hear from curious citizens looking for free money asking them for free special legal help that cannot be done.

EVERYTHING the...
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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... Read 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.

1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... Read more »

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