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Questions Answered by Charles David
2 Answers | Asked in Probate for Florida on
Q: What percentage if an estate does a substitute PR get paid?
Charles David
Charles David answered on Sep 28, 2021

3%, plus potentially an hourly rate for extraordinary services.

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3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »

Charles David
Charles David answered on Sep 14, 2021

Yes, the deceased sister's children are entitled to money (assuming there is no will directing otherwise). Specifically they will split 20% (their mother's share if she was living).

When someone dies without a will in Florida their estate goes through "intestate...
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2 Answers | Asked in Probate, Tax Law and Real Estate Law for Florida on
Q: Dad died 09 will origin Florida never probated, mom 2014 no Will Florida property I paid taxes can I claim ownership?

mom was longest survivor does dad's Will still have any validity? This year I demolish trailer home to keep property enforcement from court case as I continue to pay for yard upkeep with no cooperation from siblings

Can I put in my name via adverse possession or can will be probated... Read more »

Charles David
Charles David answered on Sep 8, 2021

If your dad dies first, his will will control what he owned when he passed. If he left everything to your mom, her will controls the assets after her death. If she died without at will, her estate will pass "intestate" as laid out in this flowchart:... Read more »

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