My landlord passed away 10 days ago now (during the coronavirus ordeal). I have been living in my house for over 7 years and him and his wife have become more than family to us helping each other out every way we can. Immediately the daughter (who is very well off) is requesting rent. Still, I... Read more »
If there is a Will, it must be submitted to the clerk of the court in the county where the person lived within 10 days (this is rarely done or enforced for many reasons but it is the law). A probate will need to be filed, this likely will be delayed with the current status of the world/USA with...Read more »
You need to contact an estate planning attorney and they can help you do your Will and or any related documents you may want and or need (POA of Attorney, Living Will, Florida Healthcare Surrogate and so forth). You must have it signed and witnessed. You can do it in person with friends or even...Read more »
You will need and want to get a copy of the Power of Attorney that you signed and review it in detail, you will want to confront and address her with a legal demand letter if the Power of Attorney supports your claims, you may have to eventually file a lawsuit as well.
A Partition Action is the forced division or sale of a property when two owners or more cannot come to agreement on how to divide or sell the property or buy the other party/ies out with respect to their ownership. It will take time and money as it is a lawsuit and it will cost time, money and...Read more »
A Will from another state is valid if it was created validly in the state of origin (Wisconsin), the Full Faith and Credit Clause of the U.S. Constitution makes this possible and required. That said, and as always with things related to the law it seem, there is a BUT. Florida is a state that has...Read more »
Very sorry for your loss and the passing of your sister, please accept my condolences for you and your family. Depending on the deed and what it says (review yourself of with the help of an attorney), it is most likely that you will have to do a probate for your sister and see what her Will says...Read more »
.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list cause... Read more »
Very sorry for your loss and the passing of your aunt, please accept my condolences and sympathy for you and your family at this difficult time. You will need to contact a Florida Probate Attorney and they will be able help you with filing the appropriate probate based on the circumstances, assets...Read more »
Either pay the fees and late fees or start a new one entirely. A business attorney can help you based on specifics and details related to your business and why you need or want to reinstate the old one or if you would be better served going in a different and new direction starting anew. The...Read more »
Very sorry for your loss on the passing of your father, please accept my condolences at this sad time for you and your family. Unless you cosigned those credit cards you have no responsibility for them whatsoever. They will either get paid as part of a probate (if there is one), or they will not...Read more »
Very sorry for your loss and the passing of your mom, please accept my condolences at this difficult time. Unless you are filing a disposition of property without administration, it is not likely you will be allowed to file probate on your own without the help of a Florida Probate Attorney, you...Read more »
You really need to review the deed and the probate circumstances and needs. If a valid quitclaim deed or similar deed (enhanced life estate deed) was drafted that transfers ownership, then no probate may be needed. If the property was a Homestead property then there are substantial additional...Read more »
The next of kin needs to contact a Florida Probate Attorney and since there is no Will, the Florida Intestate Statutes (without a Will) will apply, that basically means that the property will go to the surviving spouse and or children. If the property was Homestead, there are additional protections...Read more »
On 28-SEP-2018, I foolishly loaned money to someone to help them purchase a vehicle. I did type up a letter stating all the facts, we both signed the document. I loaned him $8,800; in the document we signed he had agreed to repay me with his tax return. To this day, he still owes me $7,485 and has... Read more »
You can take him to small claims court all on your own, you can contact the clerk of the court in the county where you live and they will provide or direct you to the paperwork that you need to file. In addition, the small claims limited starting this year have been raised to $8,000, so you also...Read more »
My parents want to sell me their house so they can buy a condo in Dominican Republic. The house is paid off. I want my dad to transfer the deed so it’s in my name and then I can take a mortgage out for their condo. My mom is afraid that my dads other kids will try to claim the house even though... Read more »
A parent has no obligation whatsoever to leave anything to adult children in the State of Florida. Yet, any adult child or other interested party can potentially challenge and dispute a Will and or transactions as a result of undue influence, fraud, lack of capacity, etc. It is best to clearly...Read more »
My mom passed away in Florida but has all of the belongings from her home in California I'm not sure where probate should be filed and if I can do it from a different state. My 2 sisters have held power of attorney from my mom for 3 years and have sold her home in California and transfered homes in... Read more »
I am very sorry for your loss and the passing of your mom, please accept my condolences. You do not have to be in the state or present in order to file probate, you will need a Florida Probate Attorney and they can file the appropriate type of probate that will be needed on your behalf. You and all...Read more »
You may simply need to record a death certificate with the clerk of the court in the county where the property is located and then you can quitclaim the property to your son. You can call and check with the clerk office and confirm what documents that they may need to accomplish this as it relates...Read more »
Very sorry for your loss and the passing of your mom and please accept my condolences and sympathy for you and your family. There is no rush or timetable that you must adhere to in starting a probate. When there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply....Read more »
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