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I, as the surviving spouse want to sell this property (FL) and need to probate it because I am not on the deed, only my husband. He and I had 2 children together who are minors and he had one adult child from a previous relationship as do I. I was advised that upon the sale I am entitled to 50% of... View More 
answered on Apr 22, 2020
That's not correct.
You are entitled to 50% of the estate per 732.102.
Per 732.103, The remaining 50% of the estate is shared by your husband's three children equally, so they each are entitled to approximately 16.6%
living trust. I can not cash them because the bank closed the living trust account since it had not been used for so long (without my permission). In order to file a petition for summary administration to cash these checks they want the orginal copy of my Mom's will. I made copies of her... View More
answered on Jan 4, 2019
If you only have a copy, you would have to Petition the court to accept a copy of the Will in lieu of the original. This requires notice to all who would stand to inherit if the Will were not "admitted" by the Court to Probate. However, if the property is indeed Trust property, then... View More
answered on Dec 10, 2018
Yes, if the house is in the decedent's name alone and she/he left it to three other individuals in a Will, then a probate will have to be opened and the Will admitted to probate in order to transfer title.
You will need to hire an experienced Florida estate administration attorney to... View More
My Uncle passed away November 2017 and his attorney informed me of being a beneficiary of a Trust he left me. However she won't communicate with me anymore and say get a lawyer. Please advise me
answered on Nov 14, 2018
As a Trust beneficiary in Florida, you are entitled at a minimum to information about the assets of the Trust, a copy of the Trust and annual accountings. The terms of the trust will govern when you are entitled to distributions. In addition, another limiting factor (as to when you receive a... View More
Notifications were in paper to creditors judge stated in order that there be immediate distribution of assets on the 12/30/17 order
answered on Oct 4, 2018
If you are saying that an Order of Discharge was signed on 12/30/17 and that a Notice to Creditors was published providing that creditors had three months to file a claim, then this is an untimely filed claim for which the Estate is not responsible. The only way you might obligated to pay a... View More
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