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Questions Answered by Timothy C Martin
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Mother died November 2023 without a will. Total cash assets of $2597.65. Do I need a lawyer is settle this estate?

$1436.89 in Checking/Savings account(s)

$1160.76 - 3 insurance refund checks payable to my mother.

$10000.00 possible unclaimed death benefit from my stepfathers passing in 2013, payable to the Estate of my mother.

I believe all debts have been settled or discharged.... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

Florida Probate Rules require an attorney to handle probate matters for formal administration (see Probate Rule 5.030(a)). For smaller estates including summary administration or disposition without administration - when there is no personal representative - no attorney is required. However,... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: One year term - monthly home lease in Florida without exit clause. Can it be broken without paying for the full year?

Elderly couple on fixed income selling their home in Florida with an August 21, 2023 closing date. They were required to be out of the home prior to the closing date. On July 13th they leased a residence based on a one year term, monthly payment lease and moved in. The lease had no "early exit... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

A signed lease is a legal contract between the parties. In this situation, the elderly couple signed a one-year lease, so the landlord can hold them responsible for it. If the lease allows, the unit could be sub-let to another renter, but the couple will be responsible for rent until that happens.... View More

2 Answers | Asked in Estate Planning for Florida on
Q: In my will it states body to be cremated in FL, my now state of residence. What Happens should I die somewhere else?
Timothy C Martin
Timothy C Martin
answered on Oct 3, 2019

I recommend that burial/cremation directions be included in a designation of health care surrogate and/or a living will. I also recommend making such arrangements ahead of time and provide that info to your surrogate and family members.

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