If you want to be the owner of the house, it sounds like you will need to do probate to transfer the house into your name and any heirs that may be entitled to it. You need to talk to a probate attorney to see how to move forward. Out firm offers free consultations.
You need to talk to a probate attorney. If you sold the house and your name was on the deed, then there is no need to do probate for the house. But if your mom's name was on the deed, you will most likely need to do probate (don't know how you would sell the house if this is the case).
You need to talk to an attorney. It will depend on a variety of factors, one of which is whether the funeral home knew that the will was false when it was accepted. Also, as Mr. Williamson stated, more information is required relating to damages and what was done incorrectly. You should talk to a...Read more »
The lawyer in Georgia is saying I may have to share this with my siblings from my mothers first marriage even though both my mothers will and fathers will state I inherit the farm. My mothers will was never probated Dad had what he thought was rights of suvivorship
You definitely need to consult with a Florida probate attorney. Once an attorney can review the deeds and the wills, he or she should be able to tell you what needs to happen to transfer the property and the distribution. If the farm is located in Florida, it will likely need to be probated in...Read more »
my dad was in the middle of divorce when he died. He was the solo account holder to his bank account and listed me as POD. What can my step mother do if I claim the money and anything else he left? The only will we found was from 2015 leaving everything to her.
The POD bank account should transfer outside of probate so it will go to whoever was listed as the POD beneficiary. In regard to the will, more information is needed regarding the divorce, contents of the will, etc. in order to see what should happen. You should talk to a probate attorney.
I am asking for a friend who doesn´t speak English. She needs two probates of some lots in Florida. First probate is the transfer of ownership from her father to her mother and second probate is the transfer from her mother to herself. Her father and mother died in 1975 but the probate is still... Read more »
From your question, the probate will likely qualify for a summary administration. Summary administration in Florida is less expensive than a formal administration. Contact an attorney in Florida for the assistance with the representation. A lot of firms provide for free consultations. Our firm also...Read more »
I have spoken to the bank and his attorney about burial and because I am next of kin I they told me it was my desciion to have him creamtated or buried...but I'm.also wandering if I am allowed to have anything of his(a few things were discussed be for his passing)but there has been no talk about... Read more »
Do you know if your father had a will? If there is no will, then you may be able to file for probate as an intestate estate (that means there is no will). If your father had a will then it should be deposited with the clerk in the county where he resided at the time of his death within 10 days...Read more »
My father passed May 8th. His wife said she hired an attorney and they would be contacting us but I haven't heard from them and she just won't answer our calls. Is there a way to find out if an attorney had been hired and what legal actions have been taken?
One way to see if there is a probate case ongoing is to look up the case on the clerk of court's website. However, you will not be able to see the documents that were filed in the case unless you physically go to the courthouse and you will not be able to see all of the documents filed in the case....Read more »
The executor hired a vermont probate lawyer to transfer the deed to me and my sister . We live in california, my father died inflorida. The house is in vermont . The florida probate lawyer is charging 3% and the vermont lawyer is charging 3500$. Im being charged twice. The house value is 229000$
This sounds about right. Unfortunately, 3% of the inventory value of the estate is the presumptively valid fee for a probate attorney under Florida law. You will need to refer to the contract you have signed with your attorney.
My husband had a will drawn up in Florida (where we have lived since 2007) in 2012 leaving everything to me. He passed away last year. Now my stepsons are saying he had a will drawn up in New York in 2015 leaving everything to them. Is this possible? Does the 2015 New York will void the 2012... Read more »
My mother has been deceased for 10 years and my family (spouse & children) and I have lived in her home since before her death and have continued to pay all upkeep and property taxes on the home. (The house if paid off, there is no mortgage and no insurance.) I do have other siblings.
You should consult with a probate attorney to get the property probated as soon as possible. Probate can take a few months (depending on creditors and other factors of the case) and therefore the sooner you get it started, the sooner it will be transferred. Our firm offers a free consultation for...Read more »
You really need to have a meeting with a probate attorney so that the attorney can get more specific information about your issues. The attorney will likely be able to tell you what is going on. Our firm offers free consultations.
I agreed with Mr. Williamson. You will likely need to probate the properties. Contact a probate attorney in the area and the attorney will be able to give you guidance on what needs to happen to transfer the properties in accordance with the will.
My father left it. It is an ocean rental property that he meant for us to keep and earn income on. I want to keep it because after her death it goes back to my brother and I. Obviously she and her children would like to sell it now.
You should consult with an attorney regarding the type of ownership of the property. The attorney will need to look at the deed or probate court order that transferred the property to you, your brother, and your stepmom. Depending on the type of ownership, the property may not automatically...Read more »
If your father lived in Michigan at the time of his passing, you likely need to start with talking to a Michigan probate attorney. If your father resided in Florida, but passed away in Michigan, then you will likely need to speak to a Florida probate attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.