You would be advised to deal with an attorney in the State where the probate is located. Unless an attorney is licensed in multiple states it is best to deal with a person from that state because each state has their own rules and quirks as it relates to probate matters.
It is likely that you may end up needing a Florida Probate Attorney in order to address the property and help you with any other assets in your mom's name that need to be addressed and or probated. Your starting point would be to review the deed of the property. If it is only in your...Read more »
The probate has been discharged and closed, this means that it has ended and all distributions and payments to creditors and beneficiaries have been addressed and made and probate has ended as far as the court is concerned.
Given to each named person. But the estate was put in probate in south carolina. I got a paper from the court that said the beneficiaries of the estate were equally split between myself my half sister and my step mom. I never got to see the will or such and step mom was named executor. I was told... Read more »
Very sorry for your loss and please accept my condolences. 1 month is not a very long time for probate purposes, you need to get an attorney in order to help you determine what is going on and if a probate is if needed or is filed, remember, only assets with the name of the deceased alone on them...Read more »
that my mother willed to the trust. New wife wants share. Does she get share of full estate, or just share of his half? This was not an a/b trust, and he was able to revoke, modify, etc...what happened to my mother's half??
Very sorry for your loss and the passing of your father, please accept my condolences for you and your family. You will need to have the Trust and any Will reviewed, it will also depend on whether a prenuptial or postnuptial agreement was signed, it will depend on what alterations and changes your...Read more »
My father passed away, he had both a trust and a will. My uncle is trustee and refuses to send me an accounting of the trust assets. I believe my ex-husband received my inheritance from my grandparents and I'm certain my father's estate has been handed out to whomever. I don't have... Read more »
You will want to request a copy of the Will and Trust and an inventory and an accounting, the Trustee or Personal Representative of the estate should and or must provide these documents in a timely manner. If already filed you can secure Will and related documents from the clerk of court in county...Read more »
You will want to be careful negotiating and starting negotiations because you can revive the debt potentially . If there was no judgment ever, then the Statute of Limitations that applies is directly below (2b and 2c) ;
95.11 Limitations other than for the recovery of real...Read more »
Like it was their own stuff now I've been here for 7 years living in this house though we were never married do they have a legal right to come in this house when there is no last will or a will written out saying that the house belongs to them? Or do I get the house?
I am very sorry for your loss of your fiance and please accept my condolences sympathy at this difficult time. No, they do not have any right to come to or be in the house at all at this point if no Will exists, no probate has commenced and they are not on the deed. Speaking of deeds, if you were...Read more »
The immediate offsprings are not interested in filing probate and have utilized the bank funds and vehicles(still registered in the deceased name. The granddaughter is the only heir to want to open a probate case to get Administrative Summary of the estate. Is that a doable strategy?
Yes, when other parties are unable or unwilling to open a probate, then an interested party can pursue and open a probate possibly in order to submit a Will or pursue an Intestate Probate Administration in accordance with Florida Statutory Laws. She is going to need a Florida Probate Attorney if...Read more »
The granddaughter has paid the property taxes for 3 consecutive years. She would like to take ownership of the property. All tax receipts are paid in her name solely. The siblings(her deceased mother was one of them) have failed to file a probate case for the estate but have depleted all other... Read more »
Since it has been two plus years a Summary Administration probably could or would be used, but it is possible that Formal Probate could also still be used and needed based on circumstances. She is not going to own the house outright, it would be distributed based on Florida Law related to...Read more »
The Will has been filled and I have the death certificate and original Will. I was told that all I had to do was fill out the deed have it notarized and signed by 2 witnesses. Also enclose death certificate and a copy of the Will and take it to the Clerk of the Country Office? Thank you in advance... Read more »
There are a few things going on here and some or all of them could be potentially important. It is likely that you will need to speak with and work with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that would need to be pursued, if any....Read more »
Very sorry for your losses and please accept my condolences. You are going to likely need a Florida Probate Attorney, you should get the Deed of the property and have it reviewed as well, but generally speaking it is possible that 1 or 2 probates may end up being needed or the property may have...Read more »
You can go to the clerk of the court website and look up the case and you will be able to pull it up to see what is going on. You go the the clerk of the court in the county where the person lived and where the probate was filed. That said, you should be getting timely and regular updates from the...Read more »
If your mom is mentally competent and able to comprehend and act then she can have Florida Durable Power of Attorney Documents drafted and you can use these documents as needed. If your mom is mentally incapacitated and unable to comprehend and act then you will need to pursue and seek guardianship...Read more »
It is more than likely that you will need a Florida Probate Attorney to help you with a probate. You will want to get a copy of the property deed and have it reviewed as well, it is possible that based on how the deed is held that the property could/may pass in that manner alone. It is more likely...Read more »
My Brother in Law passed and my mother in law is taking care of everything, he left a simple will which we filed with the courts stating everything goes to her, She is currently trying to get access to his bank account but the bank is saying the will doesn't state his finances the Bank says we... Read more »
Most probate matters in Florida will require a Florida Probate Attorney. The bank will not let you access those monies until some version of probate is completed if your in-law was not on account or not named as the pay on death beneficiary. Since the estate may be small enough, you may be able too...Read more »
The house if she gets a probate lawyer to change it over to her name and it there a flat fee for this service, or what would she pay, we spoke to a lawyer who’s asking for $700 as a retainer and $4100 once the property is sold
If this is in Florida then she will in most instances need a Florida Probate Attorney. If there is no Will then the then the Florida Intestate Statutes (without a Will) are going to apply. If the property was her mom's Homestead then special rules and protections will apply to property with...Read more »
Very sorry for your loss and the passing of your father, please accept my condolences. If no probate is filed then there is no executor of the estate (called a personal representative in Florida). It is possible that the estate has no assets and or is insolvent, there is also no requirement for...Read more »
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