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answered on Sep 7, 2024
I would not be doing anything without a conversation with a family law/divorce attorney, that said, I would not give her anything until and unless you get it in writing that this is a post-nuptial complete agreement or similar, last thing you want is to pay out per agreement and find out soon... View More 
My father passed in April ‘22. I’ve never been sure about what his will said, but the family deal was that we split proceeds x6. I suspect my stepmom changed her will to cut out my brother and I, dad’s only true blood. Stepmom passed this year, and I haven’t heard anything from anyone.... View More
answered on Sep 5, 2024
I am sorry for your loss and please accept my condolences for you and your family.
Generally, a family deal or promise or similar never works out, it has to be in the estate plan (Will/Trust/Pay on Death Designation or similar).
If there was a Will and probate with your Dad's... View More
My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More
answered on Aug 30, 2024
The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More
this is strictly a vacation home no one lives there fulltime. property was left to me and my brother in mothers will. brother died last year and his widow now wants to sell their interest in home/property. can i prevent this. thanks.
answered on Sep 6, 2024
I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. You would want to review the deed and the manner in which the property is held as a result of your mom passing and her probate. Depending on what happened in your mom's probate... View More
No will, no probate filed. I was the deceased domestic partner. Two heirs apparent who signed affidavits that they don't want the property
No appraisal since 8 years ago.
I have been caretaking the property for the last 3 years.
answered on Sep 5, 2024
A copy of the letter and property deed would need to be reviewed, and some version of probate would need to be done, in addition since there is no Will, it would be an intestate estate and Florida Statutes would apply, it would have to be determined who has rights, likely any children first and... View More
The flat out lied to our face and nothing is as it was supposed to be. I am now paying $650/month for something that was supposed to be a couple hundred a month and the price just keeps rising.
answered on Jun 23, 2024
If there are two things you can be sure of based on complaints alone here on AVVO, it is never buy solar panels and do not buy property where there is an HOA, the array of headaches and complaints is endless based just on what you see here posted day in and day out. You should start by filing a... View More
This is a mobile mechanic, there was no written agreement but more so a verbal agreement that he'd show up to work on my vehicle on Sunday at 9am, he barely answered any calls or texts throughout the day, I advised him that if the work didn't get completed on Sunday, my car would be... View More
answered on Jun 11, 2024
If so motivated you can take him to small claims court and file a lawsuit there in the county where this took place, if you are motivated you can handle it all yourself, just know the time and cost involved (filing fees, service of process and your time and effort), whether the $400 is worth the... View More
answered on May 30, 2024
Yes, and you should try to avoid this outcome as it will take time and cost money to pursue what is called a Partition Action (Partition of Real Property), see Florida Statute 64 for specifics. I would encourage you to find amicable resolution outside of forced partition, if possible, in order to... View More
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 27, 2024
I am very sorry for father's illness and his health struggles ongoing. There will be a serious issue with such a Will in Florida, it will not be a valid Will as it does not meet the Florida Statutory requirements of F.S. 732.502 (you can look it up online), what you have described without any... View More
answered on May 16, 2024
She should definitely speak with and work close with an estate planning attorney, the answer to your question is maybe/it depends. If your aunt has mental capacity according to her doctor and has times of mental lucidity/comprehension and understanding of what she is doing, then it potentially will... View More
She cannot afford the prices that most seem to charge in her area. $1000.00 up to $8000.00. Any pro bono help or less expensive assistance would be appreciated. She lives in Columbia County, but can travel to Gainesville if need be.
answered on May 14, 2024
Some law offices will work with her based on her circumstances and needs, anyone quoting $8000 for a Will should be crossed off your list for everything forever. Reasonable law offices will try to work with you based on your needs financially and otherwise. I would encourage you to call and or... View More
However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?
answered on May 4, 2024
Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More
My Grandmother had a revocable trust.
And the FIRST information I received a letter
waiver to sign . ( I can go into detail , if it Is private)
I question why only he the trustee and his kids only say waiver comment / (name )
And his sister and her kids say... View More
answered on May 1, 2024
The documents would need to be reviewed by an estate planning and probate attorney because there are a lot of things that can be waived and consented to and done so for various reasons. One of the big things is the naming of a new trustee and or accounting and so forth, in addition, there may a... View More
My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?
answered on Apr 19, 2024
You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):
(2) Exempt property shall consist of:
(a) Household furniture, furnishings, and appliances in the... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 16, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More
I need it to get the car title put into my name
answered on Apr 9, 2024
It depends on the type of assets that will be part of the estate and what their overall value is which will determine the type of probate, if any, is needed and applicable. The Will may need to be probated and in order to do a probate you likely will need a probate attorney based on the type of... View More
My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More
answered on Apr 6, 2024
I am very sorry that you have lost both of your parents. The answer to your question is that it depends, you will want to have the property deed reviewed by a probate attorney and it is possible and even likely that you will need at least one probate done and possibly two if your dad's probate... View More
answered on Mar 18, 2024
You will need to have a Florida Estate Planning Attorney look at and review the Will and or Trust and see what can be done and under what circumstances. Hopefully the grantors of any Trust or any other estate planning documents are alive and have proper mental capacity, in addition, they will need... View More
PR LAW... Each child was granted property while father was alive now 3 rental properties remain. Heard there is a new law. Can you say what percentage to each?
answered on Mar 4, 2024
I am very sorry for your loss and please accept my condolences for you and your family. When there is no Will, then the Florida Intestate Statutes (without a Will) will apply. If all the children are from this marriage, then the surviving spouse inherits everything. You will need to speak with a... View More
Numbers match how can they deny my homestead application
answered on Mar 2, 2024
You will need to get your driver license updated to match the name on the deed, your current legal name, both need to be in your current and correct legal name, obviously, the easiest and fastest is to update your license if you can and this should solve your problem. The same would go for any deed... View More
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