I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When...Read more »
You are going to need a Florida Probate Attorney to look at the documents. It is additionally likely that if this is a Summary Administration, that you will end up needing and probably be required to have a probate attorney under most circumstances. The court/judge will quickly let you know this in...Read more »
I think it would be that the Petitioner (in Summary Administration) proposes to distribute the estate in the following manner. These likely relate to proposed orders related to the Summary Administration. If it was a Formal Probate, then it would be a Personal Representative. If you are not sure...Read more »
Yes, as long as no prenuptial or postnuptial agreement was signed or some other waiver of Homestead Rights, then the surviving spouse usually has substantial rights to Homestead (at least a life estate or half 50% interest) amongst many other rights. The Will or any estate planning for that matter...Read more »
No, you will not be able to take ownership of the property simply based on the fact that you moved in. You need to find out via deed who owns the property and or through probate and then deal with them. If you are thinking about Adverse Possession type scenario the answer is still absolutely no, I...Read more »
Very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You will want to speak with a probate/estate/trust attorney from the state that the trust says is the govern law. There are substantial rules and obligations that you usually have and must...Read more »
My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?
I had recently hired a photographer to take pictures for my mother birthday. It took the photographer two weeks to send the pictures when we were promised 5 days. Then the pictures were rushed and properly edited. I want to know if I can sue even if it’s small claim court. I had paid $280 for... Read more »
You can always consider a small claims case as it goes up to $8000, think about the time, effort and cost involved and then if you can really win. You need to pay filing fee and then for service of process, all over $280. I would advise that you try to nicely ask them to take a look at the photos...Read more »
This should definitely be corrected, Ronald is a big difference from Robert and while you can try to claim it is just a typo scrivener error potentially, I would not rely on it and I would get it corrected, updated and changed as soon as reasonably possible. There is no real conceivable way someone...Read more »
I am very sorry for your loss and please accept my condolences. I will note a few things for you here immediately, unless their is only one sole interested person related to the estate, it is extremely highly likely that the clerk of the court and or eventually the judge will inform you that you...Read more »
It appears that you are confusing a couple of issues here as well as their purpose. If your intent is to create a business entity, then you can create an LLC for your business purposes and needs and hopefully to limit any potential legal liability that you may be exposed to personally. On the other...Read more »
Summary administration so I went to the clerk of court yesterday and the clerk told me I could not do that because it is over 6 thousand dollars and I have to have an attorney to go through probate. I live in Sarasota county Florida
Please do not take the advice of the clerk of the court or anyone not an attorney from this state because while they mean well at times and while they can be very helpful, they do not always advise property and nor should they be giving any such advice. You will likely need and should get a Florida...Read more »
You likely need to start with an attorney in the state where this probate or matter took place. You should start with the deceased person's state of residence/domicile, where their Homestead was located and where their property/estate was probated. If there are monies due, it would be listed...Read more »
My ex-wife and I still live in our house. I want to sell the house. She wants to stay but says she won’t buy the house from me at a fair price and she doesn’t want to sell. The deed is in both names but the mortgage is in my name only. The home value is a lot more than what is owed and I feel... Read more »
Depending on what you divorce specifically says as it relates to the home and division of the home, there are likely options. Unless your divorce says otherwise or addresses issues, then you and your ex-wife need to reach agreement. You and your wife need to reach agreement and understanding,...Read more »
Yes, you have an affirmative duty to file any Will with the clerk of the court in the county where the deceased person was a domiciled resident (where their Homestead is located). The Florida Statute says you must do this within 10 days, no one will hold you to that timeline. As far as requiring an...Read more »
My aunt says that they can get the will to legal if all siblings agree, but my father is suspicious. There is not an executor of the estate that I’m aware of. He also owned his own company without a beneficiary.
I am very sorry for your loss on the passing of your grandfather, please accept my condolences for you and your family. A Will that is not signed is not a valid document that can be used and submitted to the clerk of the court and probate court. It is going to be important to get a Florida Probate...Read more »
Maybe, not preferred and probably not likely. You would need to minimally provide some sort of a notarized document stating clearly in writing with your signature and witnesses notarized that this is what you want the estate representative to do, even then, it is likely that they will not be...Read more »
He had no will & was not married. He and his sister went to the county and transferred everything into her name. He died from cirrhosis of the liver, and any web search shows that cirrhosis causes confusion in late stages of disease right before death. Not that it matters, but my aunt has no... Read more »
I am very sorry for your loss on the passing of your dad. You would need to seek out a Florida Probate Litigation Attorney and discuss the matter with them with respect to your options. This would be related to undue influence and or your dad not having capacity to do what he did and related...Read more »
His first and last name are same as mine. Before he passed we did a notarized will naming me as sole beneficiary. We also have a signed a notarized POD (PAY ON DEATH) for his checking account naming me beneficiary which I did upload to the bank, although I've heard nothing from them. I've... Read more »
I am very sorry for your loss on the passing of your father, please accept my condolences and sympathy for you and your family at this sad time. Generally, any assets with a pay on death designation will go directly to that named person. Whether you should be taking money out before hearing from...Read more »
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