Very sorry for your loss and the passing of your mom, please accept my condolences for you and your family. Maybe, it depends on a number of factors. A parent is not required to leave anything to their adult children. Issues that will matter will include whether there was a Will, a Trust, how was... Read more »
The Petition says it will be filed in Holmes County, FL which is where my sister lives but my mother's residence at the time of her death was in Okaloosa County, Florida. Is it legal for me sister not to probate the will in the same county as our mother's residence?
I am very sorry for your loss of your mom, please accept my condolences and sympathy for you and your family at this difficult time. A petition for probate must be done in the county where the deceased resided (homestead located, lived, had residence). Start by looking at where your mom's home... Read more »
I would encourage you to contact a Florida Probate Attorney as they will be able to help you and help you determine what needs to be done and the type of probate, if any, that needs to be done. An Affidavit of Heirs often needs to be done if there is no Will and an Intestate (without a Will)... Read more »
Yes, if probate is complete then you can pursue a potential partition action (avoid it if you can) but you should try to reach reasonable resolution and agreement first. Probate should determine who owns what and then siblings buy out one another with refinance or other options, if nothing works... Read more »
I tried to work but can't keep job because my bipolar manic depression. I had 3 different jobs n 2020
You will need to get a copy of your Trust and have it reviewed by a Florida Estate Planning/Probate Attorney. There may be circumstances that allow you to overcome Trust limitations and what appear to be stringent limits.
Can his family keep that money or does it have to be returned?
I am very sorry for your loss and the passing of your friend. Based on the information that you have provided it would appear that the money was officially his. It is likely that these monies and other issues may need to be addressed with and through a probate and you will likely need to find and... Read more »
I live in Florida. The beneficiary of my life insurance policy owes back child support for an adult child. The beneficiary's check is already being garnished for the monthly amount. I am just not sure if they would take what is owed in a lump sum from the life insurance proceeds.
If life insurance is paid out to the debtor it is likely that those monies will be garnished or otherwise pursued and taken. An alternative would be for the monies to go into a Trust where a Trustee controls the monies and their distributions and limits how, when, where, how much and so forth is... Read more »
This person owns a house which has no mortgage, but hasn't updated his will for over 20 years. He asked me for recommendations, so I am trying to research his least costly options.
Each county usually provides some pro-bono services for people in need and unable to afford services. Many law offices will also work with people in need based on on their circumstances and ability to pay. You can also contact the State of Florida Bar if you cannot find a county bar or individual... Read more »
Very sorry for your loss and the passing of your mom, please accept my condolences. Generally, Disposition of Property Without Administration may be applicable, you can check online with the clerk of the court and on the forms. Here is the rule for Florida Statute 735.301: No administration shall... Read more »
My brothers and I received a generic letter and check in the mail stating the estate was closed but we never saw the will or signed anything. What do I do? The checks we received bounced also.
Sorry for your loss and please accept my condolences. You should start by checking in the county where the estate probate was filed, you can get all the estate documents from the clerk of the court, but you should have received notification from the estate attorney/personal... Read more »
Adult son. Only owned one vehicle (outright, his name only) and had joint bank account with his Dad. We have received a medical bill related to his death which would wipe out his account. Should I pay it or hold the money until I file his taxes? He owed last year.
I am very sorry for your loss and the passing of your son, please accept my condolences and sympathy at this difficult time for you and your family. You do not need to pay the medical bill unless there is a probate and there are assets to pay the bill, usually, a joint account goes to the joint... Read more »
Yes, a Florida Power of Attorney requires signature, two witnesses and notarization in order to be valid.
My father lived in Maryland, was not married, did not own a home, and has no debt nor retirement accounts. His only registered assets are a boat ($5k value), Md commercial fishing license, furniture and older firearms. He leaves behind myself (next of Kin), significant other, and my half brother... Read more »
Very sorry for your loss and the passing of your father, please accept my condolences. You will end up needing to work with and speak with a Maryland Probate Attorney. In Florida there is a small estate option (Disposition of Property without Administration), you may want to look into a similar... Read more »
My father passed away this year. He owns a home. My name is not on the deed and I still live there. Recently I received many violations by the state of Jacksonville Florida. I feel harassed.
I am sorry for your loss and the passing of your father, please accept my condolences and sympathy for your loss and this difficult time, You will need to speak with a Florida Probate Attorney, you will also want to get a copy of the deed to have it reviewed. It is likely that some version of... Read more »
"to the estate of" . The 8x11 paper has the check at the bottom 1/3....and top 2/3 is marked ''not negotiable."
Can you tell me what this means? Can I deposit it into the estate checking account? Thanks so much.
This is an estate asset and if you have opened probate and have an estate account set up, these funds will go into this account. If this check and sum was not previously known or listed, you likely need to amend the probate documents to include this check and these sums in the probate case. You... Read more »
the court's desk on 9.19. There hasn't been any movement. My atty. said it would take about 2 weeks for me to be appointed representative. Nothing has happened yet. I am paying some of my late sister's bills in the meantime. What do you think? Thanks so much.
I think that is moving quite quickly, especially the filings by attorney, once filed you wait on the clerk and the judge and it takes time. If this is a Formal Probate you better get used to some waiting.
The house is rented and four want to sell it. Can the sale happen with a majority or does everyone have to be on board?
No, it cannot, it requires a forced partition action, this involves the court, time, effort and money, everyone will be better served if you reach some sort of an agreeable arrangement amongst yourselves, if not, the partition action is what you will have to look into. The sale cannot happen unless... Read more »
If your issue is a Florida Probate circumstance then you will need to provide additional information and details and speak with and work with a Florida Probate Attorney, in Florida almost all probates end up requiring a probate attorney for a number of reasons. You need to provide more details and... Read more »
This is for my uncle who passed away. My aunt asked her friend who is a lawyer to help with this and he sent it to all of us.
There are a lot of different waivers for many different things in probate, it is usually to speed up the process and move things along. If you have any doubts about anything you should no doubt have the documents reviewed by a Florida Probate Attorney. One question I would ask, if there is a Will,... Read more »
I just found out all money was cashed out along with MY life ins without my knowing and now after 20yrs I invested 300k in a home Im being told is sold and I must get out with nothing to show? Im being scammed? My money is all gone and now so is my home!
If this is related to a divorce you will need to seek out a family law attorney. If this is related to a probate, you will want to get a copy of the property deed as well as the Will/Trust/Probate Documents. You starting point is likely the clerk of the court in the county where this took place... Read more »
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