The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case...Read more »
I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close...Read more »
I am very sorry for your loss and on the passing of your father, please accept my condolences for you and your family at this difficult time. The answer to your question is that it depends, if what you have is a Will/Trust/Deed that is one thing, if it is not a valid and legal document as listed,...Read more »
I would encourage you to speak with and work closely with your probate attorney as they are best suited to address this answer based on the precise details of the probate estate and work that the PR is doing for it. But generally you will find your answer in Florida Statute 733.617 and it is 3% on...Read more »
I am very sorry for you loss on the passing of your husband, please accept my condolences for you and your family and this difficult time. You will need to speak with a Florida Probate Attorney and provide additional information and details. Generally, the home (if it is homestead) usually will go...Read more »
He wants to sell the property now but the brother won't agree to it. If he prepares a will and put another family member's name in the will, who will own it if he passes? In other words, what has more power a will or a deed?
In Florida usually always the Deed, there are some if and but variations if there is a spouse/child/this is Homestead Property. This is always a dangerous game of adding a person to a deed in this manner with a Quit Claim or similar deed, nothing can be done unless the secondary person, now on the...Read more »
The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.
What other documents should I present to... Read more »
I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward...Read more »
One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »
Very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this difficult time. When someone passes away without a Will then the Florida Intestate Statutes (without a Will) apply, while estate matters can be somewhat complicated...Read more »
You need to get a copy of the deed and review it. If the deed was only in your grandmother's name and there is no surviving spouse (grandfather) at the time, then it is likely that the property should have gone through some version of probate (or petition for homestead filing) in order to...Read more »
I am very sorry for your loss on the passing of your wife, please accept my sympathy and condolences for you and your family at this difficult time. If you did not cosign on those accounts and they were in your wife's name alone (as you have stated), then you are not responsible for those...Read more »
If the only asset is a small checking account, you can check with the clerk of the court in the county where they lived and see about filing a small estate probate, in Florida called Disposition of Property Without Administration. You are often able to find these documents/forms online with the...Read more »
I used to live with mom. We siblings are not close and I decided to exit the toxic environment back to another toxic environment that I was more comfortable with. That being said, I had taken mom to have a will drawn up because she was displaying a loss in cognitive value. She was later diagnosed... Read more »
You will want to find and speak with a Florida Probate Litigation Attorney, the issue that will arise would be related to capacity and undue influence since it appears that your mom may not have had mental capacity to know what she was doing when the Will drafted.
You usually do not and can not. You would need to speak with an attorney in the state where the property is located, it is possible that based on the manner in which the property is owned/held via the Deed, that the property may pass outside of probate, you would need and want to get a copy of any...Read more »
Very sorry for your loss and the passing of your husband, please accept my condolences for you and your family at this sad and difficult time. Generally speaking, if there is an intestate estate (no Will), then the surviving spouse is entitled to one-half of the intestate estate and your...Read more »
Very sorry for your loss and the passing of your relative, please accept my condolences and sympathy for you and your family at this difficult time. It in most instances is not necessary to travel to Florida to hire an attorney, start a probate or really do anything related to the probate initially...Read more »
You will need and want to get hold of a Florida Probate Attorney and they can advise and guide you on what your next step/s would be related to any property and need for probate. Remember, any assets that are in your mom's name alone and that have not been put into the Trust may end up needing...Read more »
I would indeed encourage you to contact a Florida Estate Planning Attorney in order to review your Will and related estate planning documents and advise you on how best to update your Will and any other documents that should or may need to be updated. It is often the case that the Power and Florida...Read more »
You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is...Read more »
My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »
You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust...Read more »
They will not drop it in all likelihood as they know they can get the judgment if it is legitimate and then hound you and or hold it over you for the next 10-20 years unless you file for bankruptcy. Your best bet is to show up and try to fight them if you have any defenses or if they cannot prove...Read more »
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