I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should...View More
You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and...View More
Yes, while it should pass to you outside of probate, they can dispute these assets and their transfer to you on various grounds such as undue influence, your dad's mental capacity, amongst others. So, siblings can try to make things difficult, and you would need legal counsel to fight any such...View More
I would not advise that you sign any documents without your own probate attorney and definitely not anything with missing pages that your own attorney has not reviewed on your behalf and based on your interests as a beneficiary of the estate. If you have any doubts or concerns and even generally,...View More
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property...View More
This is a form that a Florida Probate Attorney would need to draft based on the circumstances of your probate, it may be available on the clerk of the court website in the county where the probate is taking place, but this is really a form and probate that you need and should use the advice of an...View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
While you can accomplish some of your intended goals with proper planning, the use of a trust in the manner that you have inquired and proposed is not one of them generally speaking. Estate planning is for the purpose of trying to avoid probate and distribute your estate assets in the manner that...View More
In the next couple of months, I expect to receive 3-4 checks of varying amounts between $2k and 4$, all totaling around $12k. Some are IRS refunds, some are prorated insurance premium refunds and some are sold stock shares. I have a will naming me as the executor, the death certificate and will... View More
This is always a problem with banking institutions and similar institutions, and this is a lesson learned via trial and error by the attorney handling the probate and filing the summary administration. The Attorney will likely have to write a separate letter on letterhead explaining the Summary...View More
To be clear, I inherited the house years before I met my wife. The house is in my name only. I've now been married to her for 6 years. Do I need to do any kind of transfer, or legal procedure before I pass away?
You will want to speak with a Florida Estate Planning Attorney and they can help you organize your estate and this home based on your intentions with your spouse, whether you were previously married and had children, whether you kept property separate, whether this is your Homestead, whether you...View More
I was named as the PR for my deceased mother in her will. The other beneficiary hired a lawyer and that lawyer petitioned to be named the PR instead of me. I was forced to object, had a hearing and the result was a conversion to summary administration. I was under the impression that no... View More
No, they should and would not unless the probate has been converted to a Formal Probate, otherwise it is a Summary Administration and the person is deemed the Petitioner (with less authority and less power). The paperwork and or the order from the judge should be quite clear on this and if not, you...View More
Judge said will not properly executed (no proper date and no witnesses). Money is in his checking account. Was told that after two years I can file as if he died intestate and I can claim the money. Is this correct?
I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. No, what you are being told is only partially correct, you can file a probate right away with the help of a Florida Probate Attorney. Since there is no valid Will, then the Florida...View More
I would like to add some one to my deed, please tell me which form should I use. We would like to establish joint tenancy with the right os survivorship. I do not want to ransfer the property to their name only have two people on my deed. Thank so much for your help.
I would encourage you to speak with a real estate and or estate planning attorney in the state where the property is located. based on what you are precisely trying to accomplish and why will make a big difference with respect to what you may want to consider doing. For example, is this property...View More
If this is in Florida I would encourage you to speak with a Florida Probate Attorney regarding all of the overriding circumstances of the pending probate. Is there a Will, are there other candidates in the Will, is there is dispute and so forth. Generally, if no one opposes you and no one is...View More
Generally, it depends on what your relationship is to the deceased and what type of the property it is (homestead, etc.). If a probate is done you may be able to take over the mortgage based on Federal Law, otherwise the property will need to be refinanced or sold and potentially go through...View More
You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No...View More
If this is in the State of Florida you will want to have a Business Attorney review the contract. Remember, the terms of your contract are negotiable so you should be aware of what you are getting yourself into possibly and what burden may be put on you to find elsewhere if you leave the company...View More
Yes, any time you are running a business of any type, you want to keep your business and business assets and liabilities separate from your personal matters. You accomplish this by properly setting up the business and keeping personal and business assets separate and creating an Operating Agreement...View More
One of the requirements is a certified copy of legal probate documentation, dated within the past year, that reflects you are the legal heir or current representative for the estate of the deceased owner. My parents think that this is a scam. I know that it is not. We currently live in the same... View More
You would need and want to speak with a Florida Probate Attorney and they could advise you on the type of probate that would be applicable and necessary. Whether you are a beneficiary would have to be determined, was there a Will/Trust a surviving spouse and so forth, you are pretty far down the...View More
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
If you cannot get them to reissue the check in your name alone (not very likely), then this may well end up being an issue that will need be addressed as part of your mom's probate being done. If no probate was ever undertaken, it may well mean one does need to be done related to these checks...View More
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