Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Richert
2 Answers | Asked in Estate Planning and Probate for New Jersey on
Q: How do I get this will and the executor investigated

My mother was a 50 year resident of New Jersey but died in a nursing home in Pennsylvania. She made her PA friend the executor of the estate and left that same friend 50% of the estate and me (her only child) 50% of the estate. I live in Florida and this executor is not responding to any of my... Read more »

John Richert
John Richert answered on Jul 23, 2017

You need to have an attorney who is licensed to practice in NJ, if that is where the estate is being probated. You should find a NJ probate attorney as soon as possible to see what is going on. If there are assets that are being improperly distributed, time is of the essence, so act quickly in... Read more »

View More Answers

3 Answers | Asked in Probate for Florida on
Q: accepting gifts by a nurse

Is it legal and ethical for a nurse to accept a house when a patient dies

John Richert
John Richert answered on Jul 20, 2017

This definitely depends on the circumstances. I would recommend consulting with an attorney to make sure that there is no signs of undue influence surrounding the gift.

View More Answers

2 Answers | Asked in Probate for Florida on
Q: Can I keep my father's house....even though my name isn't on it....and he is no longer living?
John Richert
John Richert answered on Jul 19, 2017

Did your father have a will? You need to talk to a probate attorney so that the attorney can provide you with actual customized advice that is based upon the entirety of the information available to you.

View More Answers

2 Answers | Asked in Probate for Florida on
Q: Can I live in my father's house?, he passed and he has a mortgage, can I just continue to make the payments?
John Richert
John Richert answered on Jul 19, 2017

Is there a will? Are you the only person to receive the house from your fathers wishes? If not, then you may not be able to live there if the house is to be transferred to someone else. You need to talk to a probate attorney right away. If the house is probated, typically banks will typically give... Read more »

View More Answers

2 Answers | Asked in Probate for Florida on
Q: I received a letter in the mail from a lawyer representing my father's widow. Can you tell me what it means?

My father past away leaving behind am empty plot of land in FL. His widow retains 50% of it, his other four children 40, and I retain 10%. I received the letter below. What are the pros and cons of signing this letter and pros and cons of not signing?

"Consent and Waiver"

"The... Read more »

John Richert
John Richert answered on Jul 19, 2017

You really need to meet with a probate attorney ASAP. That sounds like a waiver for a summary administration. The only way that you will know what to do is if you have a private meeting with a probate attorney.

View More Answers

5 Answers | Asked in Probate for Florida on
Q: My uncle passed away and left his home to my grandmother. She has passed away I am her only heir. How do get the house.

Titled in my name. I have been paying the mortgage for a few years now.

John Richert
John Richert answered on Jul 18, 2017

I would talk to a probate attorney to make sure that house was passed to you correctly.

View More Answers

4 Answers | Asked in Probate for Florida on
Q: Executor removing personal property

I went down to pack the personal belongings of my two brothers that passed away and when I arrived at the house all the furniture and some of the personal items were gone from the house. Can a representative give away items from the estate. I know she has given things away, but can she legally do... Read more »

John Richert
John Richert answered on Jul 17, 2017

As with most questions with the law, the answer here is it depends. Are the items specifically devised in the will? Are the items of value? What does the will say?

I would strongly recommend talking to a probate attorney so that you can provide more detail and get a better answer.

View More Answers

1 Answer | Asked in Family Law, Consumer Law, Criminal Law and Probate for Florida on
Q: After a family member recently passed without a will. The son with the same name keeps using his credit card. Illegal?

I know it is illegal but who has to file for it? Will the credit card company file for an arrest or would it have to be done by the family? And on average how long does that take?

John Richert
John Richert answered on Jul 5, 2017

If you are a beneficiary of the estate, then you may have to open probate to get it sorted out. It is likely illegal what the son is doing.

Talk to a probate attorney as soon as possible to see what can be done to put a stop to it.

4 Answers | Asked in Probate for Florida on
Q: My brother's will isn't settled, however, he left my other brother a life estate .

My other brother passed away 9 days after my other brother and the house was to go to an acquaintance. The will isn't even settled and this person moved into the house and I have to go to Florida to pack the house up and she is telling me that I will not be allowed in "her" house and that she will... Read more »

John Richert
John Richert answered on Jun 27, 2017

You need to talk to a probate attorney right away. A probate attorney will be able to advise you on this woman's status in the house and will be able to start a probate case so that the house is transferred according to your brother's wishes. If the woman does not belong in the house, a probate... Read more »

View More Answers

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am searching for my mothers will. I do not have the attorney's name that filed it and I do not believe my father

ever filed it in probate. How to I get a copy of this will?

John Richert
John Richert answered on Jun 23, 2017

I agree with Mr. Williamson's answer. Also, see if you mother had a safe deposit box. Sometimes people will keep their will in there.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How many days notice do I have to give to my landlord in Florida if I'm planning to move? I am not on a lease.

My lease ended in March and no new lease was drawn up. Between then and now I have had a roommate abandon the property and her belongings. I continue to pay rent in full but her stuff is still in my apartment. Ideally, I'd like to move out by the end of the month and take her stuff with me to sell... Read more »

John Richert
John Richert answered on Jun 12, 2017

If your lease payment scheduled was monthly, then 15 days notice is required.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord turn off my utility if I am just 3 days late on rent when utilities are included .

And what do I don't he already has

John Richert
John Richert answered on Jun 7, 2017

You need to talk to an attorney. In Florida, turning off of utilities by a landlord is a prohibited practice which can carry penalties for the landlord. It does not matter if you are late with your rent.

Also, if you are late with rent you can be evicted, depending on the terms of your...
Read more »

1 Answer | Asked in Civil Litigation, Contracts, Family Law and Probate for Florida on
Q: My father died he had a life insurance policy with his job that had me & his wife as beneficiaries

No one was primary or contingent she was next of kin but gave me permission to proceed with things as 50/50 now she found out bout policy an don't wanna pay her portion of burial cost

John Richert
John Richert answered on Jun 7, 2017

You should talk to an attorney. If you both are listed as beneficiaries to the life insurance policy, then you may have a claim to the proceeds from the life insurance policy. Regarding the burial costs, there is not enough information to determine whether there should be a split for burial costs.... Read more »

5 Answers | Asked in Probate for Florida on
Q: My father passed away, his brother and is now only child left. Can I probate my grandmothers "fathers mothers estate?
John Richert
John Richert answered on Jun 2, 2017

I'm not really sure what you mean in your question. Is there a will? Is there property titled in your grandmother's father's mother's name?

You need to talk to a probate attorney.

View More Answers

2 Answers | Asked in Probate for Florida on
Q: I have received money for sale of my Uncle's condo but his investments are still in probate. What is the difference?

My Uncle's estate has been in probate for over three years. I cannot understand my lawyer's attempt at explaining why. First it was the judges' not having time. Now it is something about the investments have not been put in the escrow account. I don't know what to do. This probate lawyer has been... Read more »

John Richert
John Richert answered on May 31, 2017

An attorney will not be able to provide any answers without looking at the case file for the probate case. Your attorney may be waiting for the court to issue an order relating to the investment accounts. Sometimes that can take time.

View More Answers

2 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My sister and I are the only two heirs listed in my Mother's will. My sister has since passed. Am I now sole heir? Fla.

Does the will need to be altered for me to be sole heir or will her family become defacto heirs as a result of no action on the will?

John Richert
John Richert answered on May 30, 2017

You will need to have an attorney look specifically at the will. Whatever the will says is what will happen with the beneficiaries if one of them predeceases the other.

Some common will sections state that if one heir predeceases the other, all of the assets (or the specifically enumerated...
Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I rented a house from my ex brother n law for 8 years. was told I could do what ever i wanted to.cause house was a mess

He did not charge deposit. Now his wife take over with lease. stating no painting no holes in the walls. Is this lease valid since i been there for 8 years already.

John Richert
John Richert answered on May 29, 2017

Under the Florida Statutes a tenant has a responsibility to not damage the property, other than what occurs during normal wear and tear from living in a rental unit. Holes in walls are usually not considered wear and tear. Painting, without the landlord's authorization, could also be considered a... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord charge me $100 if I am 2 days late on my rent
John Richert
John Richert answered on May 17, 2017

This will be based on your lease. If you lease states that you will be charged a late fee for late payments, then yes.

2 Answers | Asked in Consumer Law and Contracts for Florida on
Q: I receive money from a lifetime affiliate program, which is now being terminated. What can I do about it?

This is a datacenter company. They advertised a lifetime affiliate program, but now they said they will stop paying their customers. I have screenshots of their site before they removed the information. I am in contact with them, but they won't do anything about it. Can I take legal action against... Read more »

John Richert
John Richert answered on May 17, 2017

You need to talk to an attorney. Cases like these are highly fact specific and it will depend on the contract that you have signed with them.

View More Answers

3 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can a vacation rental company revoke a fully paid and signed rental agreement 4 days before the week started?

In Florida. Through rental agency. Homeowner decided they wanted the week last minute and voided our rental contract.

John Richert
John Richert answered on May 11, 2017

Did they refund the money? This would depend on the agreement that you signed with the rental company or entered into on the website. You should take a close look at any agreements that you signed and any contracts you entered into through the rental website.

If they do not refund the...
Read more »

View More Answers

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.