No, not live, based on your question and topic a Florida Licensed Attorney may or may not answer your question as it is all basically volunteer time from attorneys in order to point you in the right direction, if you want more details or specifics you will have to follow-up with an attorney and...Read more »
Unless the deed says otherwise, generally, the 1/2 share of the sister will be distributed to her family through a probate using the Florida Intestate Statutes (without a Will), which generally means her estate through probate will go to her husband and or children. A probate attorney would be...Read more »
In accordance with the U.S. Constitution under the "Full Faith and Credit Clause", the answer to your question is yes, "states must honor the laws of other states", this applies to Trusts and many other things as long as the Trust was created validly under Michigan Law. I caution, a review of the...Read more »
No, state laws are the same, small things may differ from county to county based on how various clerk of the court's handle matters and or individual judges but the state laws applied are generally the same, there are various county ordinances and codes that may vary to some degree but as far as...Read more »
You will want to look online in the county where she lived on the clerk of the court website, look her up by name and it will show up if a probate was filed by anyone (spouse or anyone else). If there was a Will, then the Will should have been filed with the clerk of the court in the same county...Read more »
She told everyone before she died that it was going to be left to me but the property is in her name how do I go about switching it in my name and make the payments where she left off and how would I go about getting power of attorney to handle her legal paperwork?
Very sorry for your loss and the passing of your sister, please accept my condolences. You will need to contact a Florida Probate Attorney. There is no power of attorney after death as any power of attorney ends at death. If there is no Will, then the Florida Intestate Statutes (without a will)...Read more »
It is listed in the probate papers in the filing, but the property has to be probated in the state/country/territory of location through an ancillary probate or a probate in that country. They usually want to see the probate paperwork from the state/country/territory where the primary probate took...Read more »
Painting is part of normal wear and tear and you should generally not be burdened with this cost and have your deposit taken as a result as it is not a damage, painting is generally done each time an apartment turns over as the normal process and the tenant should not be charged for this unless you...Read more »
Probably not, unless and until someone is named personal representative of the estate/probate and or the probate moves forward and an order and petition is signed by the probate court/judge, it is likely doubtful. It may also depend on what the deed to the property says and what your ownership...Read more »
You likely need to provide more information to a Florida Probate Attorney in order to get specific feedback on the estate and what needs to be done to transfer any property. At times it is easy, if done timely and efficiently and correctly, at other times things drag on and are more difficult if...Read more »
I reside in NYC. I want to take the test to get the general contractor license in Florida. Then I want to apply for a permit for a family friend to build houses. What are the liabilities/risks for me? I'm thinking of establishing an LLC to be more protected.
You definitely need to create a business entity (LLC would be a great choice). I would strongly advise you to work with an attorney in order to create the LLC, create the LLC Operating Agreement, understand liability protection and how you need to go about it in order to maximize the liability...Read more »
Very sorry for your loss and the passing of your father, please accept my condolences. Your mother will not have to refinance the property, there are substantial protections in place as it relates to homestead rights and spousal rights and protections under the Garn St. Germain Depository Act as...Read more »
It is possible that precisely what you are trying to avoid can happen if you do not properly review, address and prepare your estate plan with an estate planning attorney. If you want to be sure that your mom receives assets and income and support throughout her life in the event of your passing,...Read more »
I have enough funds to pay my bills for a few years and would rather not go through probate or contact his son whom he hasn’t seen in 20 years. I am sure he does not even know he died. The estate is worth over the 75k max for simplified probate .
Very sorry for your loss and the passing of your husband, please accept my condolences.
After two years you can file a summary administration and creditor claims are generally barred. I will note, if there is a Will then it does not matter, the assets will be distributed in accordance with...Read more »
I live in the UK now, and I am hoping to resolve it as I am planning a vacation to Florida but I am aware there could be a bench warrant for me as I couldn't attend the hearing. I work part time and can only afford the original amount but I am willing to pay monthly should discover card be willing,... Read more »
There is no bench warrant out for you for a credit card financial judgment, the judgment is good for 10 years and then 10 more if renewed. You may want to start by looking up the case online with the clerk of the court in the county where you lived and see what it says, you can also call the clerk...Read more »
You need to create a new power of attorney and notify any institutions or other parties that the prior/previous POA is no longer valid and that this new POA is the only one that they should recognize and accept. When you create a new POA, it usually always nullifies and previous POA documents...Read more »
They will get a default judgment most likely and they win, then they will start the process of trying to find out about your assets and work towards trying to garnish your accounts and employment pay. It is advised that you attend the mediation, do not let them bully you, do not sign anything you...Read more »
He owes irs over 200000$ and wants to threaten me that he wants to sell and get money. Dont i have rights? Before he came i ran ad in paper. Nobody responded. Now im ready to transfer deed to my name. Its been 10 years since mom passed
You need to have the deed reviewed in order to see how the property was held, if the property did not pass by operation of law based on how the deed was titled, then it is likely that some version of probate will be necessary in order to pass the property on to the legal beneficiaries in accordance...Read more »
You really will need to get hold of a Florida Business Attorney. The LLC would have to be registered with the Florida Department of State for starters. Then you would need to look into all the details related to the property, insurance (is there a problem once it is transferred into an LLC),...Read more »
My father was found dead in his home in Florida. He had been dead for 6-7 days. The home had to be “tented” to get rid of smell. The home now needs cleaned of all the millions of bugs the fumigation did, and to have carpet ripped out, clothes thrown out, etc, to help with smell and appearance... Read more »
Very sorry for your loss on the passing of your father, please accept my condolences. You should not feel bad if you are able to gain access and do the work yourself, I would encourage you to track all expenses related tot he property and the estate as well as create a list of the entire inventory...Read more »
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.