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Florida Probate Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 28, 2021

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 »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who gets a house upon the demise in this situation?

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 »

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

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 »

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2 Answers | Asked in Criminal Law and Probate for Florida on
Q: How long can an county jail hold an inmate for a VOP for an out of county warrant within the state of Florida?

The inmate is in alachua county jail waiting to be expedited to Dixie County jail, How long can Alachua County hold the inmate before Dixie expedite?

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

This is not a probate question. The answer is as long as it takes.

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1 Answer | Asked in Contracts, Real Estate Law, Federal Crimes and Probate for Florida on
Q: forced to sign a note . that reads i agree to pay 8.297.00 a month at 20 % forever. nothing about total are what its for

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 »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 17, 2021

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 »

1 Answer | Asked in Probate for Florida on
Q: disposition of personal property without administration.... What is the most amount before heirs must open up a Probate?

I have heard $7,000 and also $10,000.

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

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 »

3 Answers | Asked in Probate for Florida on
Q: My dad passed w/o a will. He owns 100 acres in Louisiana. Do I probate in FLORIDA or LA?

My father owned nothing in Florida except debt when he died. He had debts to at least a credit card, a mattress company, a car loan, and apparently a sizable sum to the IRS.

He had around $900 in his checking account.

Is it in anyway wise to hire an attorney in Florida, or should I... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

You should retain a probate attorney here in Florida; he will likely have to open an ancillary probate action in Louisiana if one needs to be opened. I urge you to not do this on your own.

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Person dies with a will. Does executor or Florida probate decide Homestead property?

Will names personal rep. Rep was told property gets split among hiers, as if there was no will?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 12, 2021

When there is more than one beneficiary to a Will, the personal representative is required by law to be represented by an attorney. The PR needs to retain an attorney asap.

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1 Answer | Asked in Probate for Florida on
Q: My grandfather passed 2 mo/ago. I amlisted in his will. The lawyer has only had my grandfathers mail forwarded to him.

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?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 7, 2021

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 »

3 Answers | Asked in Probate and Estate Planning for Florida on
Q: Could I access a trust as the beneficiary without permission of the guardian or releasing guardianship?

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 »

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

Without reading the documents you mention, no lawyer can advise you. Hire your own lawyer who can give you a legal opinion after he or she has reviewed the documents.

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1 Answer | Asked in Probate for Florida on
Q: My father passed away February 2021. He left some property to my sister and I. I would like to buy her out.

I am the executor. I offered fair market value.

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2021

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.

3 Answers | Asked in Probate for Florida on
Q: Prenup specifies no spousal claim to solely owned property (homestead). Will specifies who gets home. Probate needed?

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 »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 21, 2021

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 »

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Before my father passed away he was buying a house, he owes the it's so we put all paperwork in my name.

We have the same name. Used my social also. So IRS didnt take it from him. Now he's passed away and step mom is not letting me stay there. Is there anything I can do.

Phillip William Gunthert
Phillip William Gunthert answered on Jun 19, 2021

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 »

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2 Answers | Asked in Probate for Florida on
Q: my mother and i lived together over 10 years got along grate she waned me to have home passed away unexpected no will

i payed bills & rent to her most things in home are mine what do i do she was on SSI i am on SSA

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 19, 2021

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 »

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1 Answer | Asked in Probate for Florida on
Q: My step-Dad and My Mom's property is intestate. She paid for the land and property and we are not heirs?

Dad died after Mom and I just found out his kids are heirs and not my Mom's kids. She paid over $30,000 for the land and property. We feel we should at least get that back. She has 3 living children.

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

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.

2 Answers | Asked in Family Law and Probate for Florida on
Q: I'm trying to get a guardianship vacated

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 »

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

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 »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I need help with probate estate question.

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 »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 5, 2021

As in most things legal, you need an attorney to help you. Hire one.

2 Answers | Asked in Probate for Florida on
Q: Probate or not

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 »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 4, 2021

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 »

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Am I required to give 50% of my homes value to my husband's son?

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 »

Randy Bryan Ligh
Randy Bryan Ligh answered on Jun 1, 2021

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.

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2 Answers | Asked in Probate for Florida on
Q: My mother recently passed away and I'm told I need to get a probate lawyer. Cost $1200 - I don't have that

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?

Barry W. Kaufman
Barry W. Kaufman answered on May 27, 2021

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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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Probate requirements

Spouse passed and I am not on the title. The house has lien holder. What steps do I take for the Lien holder to add my name to the mobile home title?

Barry W. Kaufman
Barry W. Kaufman answered on May 26, 2021

Step 1: talk to the lienholder and determine the requirements.

Step 2: meet the lienholder's requirements.

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