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Florida Probate Questions & Answers
1 Answer | Asked in Probate for Florida on
Q: Can I file a creditors claim in my County against a probate estate in another county in Florida?

I loaned the business that I work for a lot of money and all of it was paid back before the gentleman passed away except for $14,000.

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

No, you need to file it in the County where the probate is taking place and you need to file it timely, all sorts of deadlines can apply and make it potentially uncollectable so be sure to make your claim properly and timely.

1 Answer | Asked in Probate for Florida on
Q: Hi how can I file a claim in my deceased uncle's name I have no idea where to even start

My uncle passed a few years ago I don't really have a lot of information to give I'm sorry

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2022

Assuming he was a Florida resident, if he was survived by a wife, children (or other descendants), siblings or parents, and if he didn't leave a will, you probably wouldn't inherit anything. Otherwise, you might. If he owned real property, check the appraiser's office in that... Read more »

1 Answer | Asked in Probate for Florida on
Q: Can I sell a house in Florida before or during probate ?
Phillip William Gunthert
Phillip William Gunthert
answered on May 12, 2022

It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer... Read more »

1 Answer | Asked in Business Law and Probate for Florida on
Q: Death of a partner and partnership interest.

A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?

Phillip William Gunthert
Phillip William Gunthert
answered on May 12, 2022

You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will... Read more »

1 Answer | Asked in Probate for Florida on
Q: Should I sign a waiver of service of notice of administration? If I do what does it mean in general?
Phillip William Gunthert
Phillip William Gunthert
answered on May 11, 2022

Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate.... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My cousin passed with no will in place. She did not have children and her spouse passed years before she did.

I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.

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

I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When... Read more »

1 Answer | Asked in Probate for Florida on
Q: Number 9 on the probate application how do I answer it
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 29, 2022

You are going to need a Florida Probate Attorney to look at the documents. It is additionally likely that if this is a Summary Administration, that you will end up needing and probably be required to have a probate attorney under most circumstances. The court/judge will quickly let you know this in... Read more »

1 Answer | Asked in Probate for Florida on
Q: Petitioners purpose to distribute the estate as follow
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 29, 2022

I think it would be that the Petitioner (in Summary Administration) proposes to distribute the estate in the following manner. These likely relate to proposed orders related to the Summary Administration. If it was a Formal Probate, then it would be a Personal Representative. If you are not sure... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Waiver for discharge, release and receipt that I have been paid but I have not been paid

Requesting my signature stating the pr has paid me full in cash but I have not rcvd any money. Should I sign

Attorney said its normal verbiage

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 27, 2022

Should you sign a receipt for money you didn't receive? Of course not. Tell the attorney (for the PR, I assume) to explain, not simply to tell you that a paper by which you indicate you have received money which you have not received is "normal verbiage".

1 Answer | Asked in Estate Planning, Collections and Probate for Florida on
Q: Can the courts take my inheritance?

Lake County FL courts have a $100,000 lien against me. I need to know if they can take the money my mother left me when she died.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 22, 2022

You will want counsel of a competent FL attorney, assuming the legacy is situated in FL. `Exemption Rights will be pertinent here. You may even open up a Trust. This is a public forum and you do not need to talk about this with anyone else but your attorney.

2 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: What are my rights if I am a "issue" of a deceased parent

My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 18, 2022

Yes, you and your siblings (as well as your and your siblings' descendants, if any) are the "issue" of your mother.

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1 Answer | Asked in Consumer Law, Probate and Collections for Florida on
Q: Am I responsible for my deceased husband's judgement ?

My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 14, 2022

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.

As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important...
Read more »

1 Answer | Asked in Probate for Florida on
Q: What are the Precedents of a Will

My mother passed away in 2021. She made a Will and left my brother and me with everything. She was married before she died. Her husband is living in the home that they lived in before she died. Does the Will takes precedent over everthing?

Ira Markowitz
PREMIUM
Ira Markowitz
answered on Apr 11, 2022

Was the house purchased by her before she married and whose name is on it?

Did she change the title?

1 Answer | Asked in Probate for Florida on
Q: What is the fee? Can we make payments?The will was originally in my boyfriend name he is the son and the aunt the Dad

got sick she then changed the will Michael never got a signed copy of his will she then had it redone to leave everything to her a month before he died

Ira Markowitz
PREMIUM
Ira Markowitz
answered on Apr 8, 2022

Free consultation up to 30 min.

1 Answer | Asked in Probate for Florida on
Q: Robert is deceased we want to contest the will the aunt had this done a month before he died and took everything t
Ira Markowitz
PREMIUM
Ira Markowitz
answered on Apr 8, 2022

There are several grounds for a Will contest, undue influence,mental incapacity and the Carpenter case factors.

I suggest you see a probate litigation attorney such as myself.

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Do heirs have ownership? House in trust was transferred from grantor to grantee and heirs. Grantee remarried and passed.

The 2011 transfer doc states "Grantor does hereby convey and transfer unto the Grantee, heirs and assigns, the following described property.....". The original trust was created for my father and his decendants. It was controlled by a trustee, as he had many issues. We benefited... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 7, 2022

No, you do not have any interest in the property. If the deed was to "the Grantee, heirs and assigns", it means that the grantee was given "fee simple" title to the property. The wording " heirs and assigns" means the GRANTEE's heirs or whoever the GRANTEE might... Read more »

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1 Answer | Asked in Probate for Florida on
Q: We are filling out a petition for summary administration and need to clarify who needs to be listed for question #8...

Question 8 says: "The names, addresses, ages of minors, and respective relationships to decedent of all of his/her heirs, and devisees are as follows"

Do we just list the spouse and/or children of the decedent?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 7, 2022

I am very sorry for your loss and please accept my condolences. I will note a few things for you here immediately, unless their is only one sole interested person related to the estate, it is extremely highly likely that the clerk of the court and or eventually the judge will inform you that you... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My mother recently passed, her assets were put in a trust and my sister was made trustee. So far, she has not provided

the beneficiaries (5 siblings including the trustee) with details of the trust nor an accounting of the trust. My understanding from reading FL statutes is that she has 60 days to provide a copy of the trust and an accounting of the trust's assets and liabilities to the beneficiaries. She has... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 6, 2022

The reason why Florida law allows Trustees at least 60 days to notify beneficiaries is to allow the Trustee sufficient time to locate and examine the decedent's Last Will, search for and gather the decedent's personal property, get copies of deeds to real property, inventory all of the... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mother passed away 4yrs ago and her house has not gone through probate my understanding is I can do

Summary administration so I went to the clerk of court yesterday and the clerk told me I could not do that because it is over 6 thousand dollars and I have to have an attorney to go through probate. I live in Sarasota county Florida

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 1, 2022

Please do not take the advice of the clerk of the court or anyone not an attorney from this state because while they mean well at times and while they can be very helpful, they do not always advise property and nor should they be giving any such advice. You will likely need and should get a Florida... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I was left 90,000 more than 20 years ago and cannot locate where it is. A Massachusetts attorney recommended MAINE

That all I know

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 1, 2022

You likely need to start with an attorney in the state where this probate or matter took place. You should start with the deceased person's state of residence/domicile, where their Homestead was located and where their property/estate was probated. If there are monies due, it would be listed... Read more »

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