You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is...Read more »
My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »
You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust...Read more »
seller who forced this signing . sold the me the property on 11/22/13. 10 month before a probate was filed .knowing of new ownership pending via back taxes . i was at 6k in the rehab and 4.3k paid to him . when it hit. after 6 months of wondering the halls of justice. this one lady in the probate... Read more »
I am not sure what your question is because you do not actually have one, but I can tell from the facts you need to hire a real estate litigator immediately. The facts are too many to rely on general advice from an online forum. No one should buy real estate in Florida without having an attorney...Read more »
It is not the $7,000 or $10,000, it is the application of the Florida Statutes and rules related to probate. The initial Sum could be over the $10,000 until you apply all of the below and you would still qualify. You could have $20,000 of exempt property in still qualify and even have two...Read more »
The lawyer has made no other efforts to locate any assets. Should he be doing more? I feel a little uneasy about the whole process. Especially if he does not locate the assets, what exactly am I paying him for?
The Florida Probate Attorney is there to help and guide, the main job is to get you named as the Personal Representative (PR) of the estate so that you can seek out assets via the Will, mail, personal records and files in deceased person's home and so forth. While the attorney can assist and...Read more »
Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the... Read more »
I have not probated the will yet due to some other deaths in the family. The property is paid for. The land is 7and 3/4 acres in Polk City. It has an old trailer on it but it is not safe to live in. My sister lives in California and I live... Read more »
When you get around to probating the will, you will probably need an attorney; ask your attorney, but partition might be an option. Also, regarding liability, you could require her to pay for liability insurance in your name.
I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »
You will need to review the current deed of the property to see precisely how the property is held, this will be your starting point. It is likely that some version of probate may be required and a petition to determine homestead status of real property as well. The prenuptial agreement will also...Read more »
Very sorry for your loss on the passing of your father, please accept my condolences for you and your family. This is an issue and question of probate and based upon how the deed is held. If this was Homestead for your mom and dad then one set of rules will apply related to probate, or maybe the...Read more »
Merely wanting you to have the home is insufficient; a written will would be required; however you and your siblings, if any, will probably inherit her property according to the intestacy (no will) statutes. But for the real property, etc., you will have to file a probate petition with the court...Read more »
More than likely, when your Mom died your step-dad inherited the property by operation of law or in a Will. Once that happened, his children become the heirs. Sorry to say, you are out. The fact your mom paid for the land is of no consequence. Had the Step-dad died first, his kids would be out.
This past September, my mother was granted permanent guardianship of my now 13 year old son. They live in Lake County, Illinois and I live in Washington County, Florida. The CPS case, which in now closed, originated out of Walton County, Florida. My situation has drastically improved and I am... Read more »
You have to determine which state now has jurisdiction - could be Florida, could be Illinois. What you do not do, is think that this is easy or that it is a DIY project. it is not either. Step 1 is to consult with a Florida attorney who practices guardianship matters to determine where a petition...Read more »
My mother passed. She left no will. We are going through probate for the property (3 siblings). Now one of the siblings wants to buy the house, but I don’t trust him, don’t like him, and after this is over, do not want anything todo with this sibling. What would be best the way to walk away... Read more »
Brother passed last month , he resided in a house owned by our mother . He paid rent to her every month . The house was furnished when he moved in . Now his children want everything in the house . I told them they are entitled to anything solely in his name which includes a boat , and motorcycles .... Read more »
His children have no right to anything not his, including your mother's home. Without knowing anything else, and this is not the place to get advice but only a place to answer a general question, the best thing to do is to have your mother retain an attorney to protect her interests against...Read more »
My husband recently passed and our home was in his name only. He has a son from a prior marriage, which is already looking for his half of our estate. I put down $10,000 from MY pension on our home and still owe over half of the mortgage. Am I required to give 50% of my home to my husband's... Read more »
Since this sounds contentious, you should consult with a few estate /probate attorneys in your area, discuss your specific case with them, and then hire the one with whom you are most comfortable. You need to do this so that you become aware of the options available to you.
I need to file her will, when I called the county office, they wouldn't give me any information other that - You need to get a probate lawyer. The will not be contested. My mother owned a home that will now need to be transferred out of her name, do I need a lawyer for this too?
You don't need a lawyer to file the Will. If her estate needs to be probated, the Personal Representative must by law be represented by an attorney, unless there is only one person who may inherit. No clerk's office will give you any advice at all on any matter because they are not...Read more »
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