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Questions Answered by John Richert
3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Both my parents died 8-9 yrs ago. They left no will & they also left a house. I've lived in the house since.

I've taken care of property maintenance and pay property taxes. What can I do. Thanks

John Richert
John Richert answered on Mar 30, 2018

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.

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2 Answers | Asked in Probate for Florida on
Q: Does your company help with legal advice about probate matters
John Richert
John Richert answered on Jan 11, 2018

Yes, our law firm provides free consultations for probate cases.

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2 Answers | Asked in Probate for Florida on
Q: My mom died and left the house in my name. I sold it and now want to split the proceeds with my sisters.Do I probate?
John Richert
John Richert answered on Dec 19, 2017

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).

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2 Answers | Asked in Probate for Florida on
Q: Can siblings sue the funeral home for accepting a fraudulent will that probate find not to be valid at all

I mean that a girlfriend of there father put together

John Richert
John Richert answered on Nov 8, 2017

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 »

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2 Answers | Asked in Probate for Florida on
Q: My father left his farm in Florida to me but the deed was still in my mother (died 2003) and fathers name.

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

John Richert
John Richert answered on Nov 3, 2017

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 »

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2 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My dad had his own bank account with myself listed as POD, but his Will states everything goes to his wife. What happens

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.

John Richert
John Richert answered on Oct 11, 2017

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.

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2 Answers | Asked in Estate Planning, Federal Crimes, Identity Theft and Probate for Florida on
Q: How do I go about getting things rolling on my bosses probate? His wife hasn't turned anything in & is comimitting fraud

He had no living will and his wife's name is not on the company or anything.

John Richert
John Richert answered on Oct 9, 2017

You should talk to a probate attorney. How would you be an interested person in your boss's estate?

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4 Answers | Asked in Probate for Florida on
Q: Hello, I am from Stuttgart, Germany. I have a question regarding probates.

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 »

John Richert
John Richert answered on Oct 6, 2017

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 »

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2 Answers | Asked in Family Law and Probate for Florida on
Q: My father passed away 9/18/17 I an his only child when will there be a will reading?

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 »

John Richert
John Richert answered on Oct 5, 2017

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 »

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3 Answers | Asked in Probate for Florida on
Q: How can I find out who was hired by my step mom for my father's probate?

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?

John Richert
John Richert answered on Oct 3, 2017

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 »

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2 Answers | Asked in Probate for Florida on
Q: Can the executers florida probate attorny collect 3% from a home in vermont

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$. Im being charged twice. The house value is 229000$

John Richert
John Richert answered on Oct 2, 2017

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.

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4 Answers | Asked in Estate Planning and Probate for New York on
Q: If you live in Florida, can you write a will in New York?

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 »

John Richert
John Richert answered on Oct 1, 2017

Sounds like you may have a will contest on your hands. You need to contact an attorney in the jurisdiction where the probate case is pending.

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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Can I get legal ownership of my deceased mother's home?

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.

Is... Read more »

John Richert
John Richert answered on Sep 25, 2017

These other attorneys have it right, you'll need to probate the estate. Our firm offers free consultations.

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3 Answers | Asked in Probate for Florida on
Q: I need to sell my deceased mother's home asap

- do I need to wait to get the will probated first or can I go ahead and put it on the market?

John Richert
John Richert answered on Sep 1, 2017

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 »

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2 Answers | Asked in Probate for Florida on
Q: My father has passed away about a year ago and I need help with his estate and I am the only child please help

I had many questions to ask about my father's estate and I'm looking for help in which way to go and what I can do

John Richert
John Richert answered on Sep 1, 2017

You need to consult with a Florida probate attorney. Only with more information will an attorney be able to provide you with the guidance necessary to proceed. Our firm provides free consultations.

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2 Answers | Asked in Probate for Florida on
Q: It is already in Probate and my brother is the executor. He just hasn't been up front with the whole process. I was just

Questioning why the property he is being willed isn't showing up as estate of?

Thanks for your help

John Richert
John Richert answered on Aug 30, 2017

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.

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2 Answers | Asked in Probate for Florida on
Q: Florida.. my mother passed several months ago, having 2 properties one which was her Homestead. I was willed the Home

Stead and he was world the other. When I looked them up on property appraiser this property shows estate of but his does not. Shouldnt they both show up as estate of?, not just the one?

John Richert
John Richert answered on Aug 30, 2017

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.

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2 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: My father left a property %70 stepmom, %15 me, %15 my brother. Are we forced to sell if she wants it to

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.

John Richert
John Richert answered on Aug 29, 2017

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 »

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2 Answers | Asked in Probate for New Jersey on
Q: Can i claim my fathers house in New Jersey from widow? He left no will.
John Richert
John Richert answered on Aug 17, 2017

You need to talk to a New Jersey attorney.

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2 Answers | Asked in Probate for Michigan on
Q: My father passed away in Mich. I have 2 sisters also who live in Michigan.. I live in Florida. What are my legal rights?

One sister has mental medical issues, & we need to look after her... I need to know, do i have rights still towards the estate & proceedings & decisions being made made.?

John Richert
John Richert answered on Aug 10, 2017

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.

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