I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.
answered on May 8, 2022
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 »
answered on May 6, 2022
Generally, No, not unless they signed and agreed to be responsible. The estate may be responsible in a probate. I would encourage the spouse to speak with a Florida Probate Attorney.
answered on Apr 29, 2022
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 »
answered on Apr 29, 2022
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 »
answered on Apr 25, 2022
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 »
I’ve lived in the home for 2 years after noticing it was abandoned. I’d like to try to own it. Is this possible?
answered on Apr 19, 2022
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 »
answered on Apr 18, 2022
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 ?
answered on Apr 14, 2022
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.
As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important... Read more »
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 »
answered on Apr 9, 2022
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 »
None
answered on Apr 8, 2022
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 »
Question 8 says: "The names, addresses, ages of minors, and respective relationships to decedent of all of his/her heirs, and devisees are as follows"
Do we just list the spouse and/or children of the decedent?
answered on Apr 7, 2022
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 »
answered on Apr 5, 2022
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
answered on Apr 1, 2022
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 »
That all I know
answered on Apr 1, 2022
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 »
answered on Mar 28, 2022
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 »
Does probate need to get involved!?
answered on Mar 25, 2022
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.
answered on Mar 18, 2022
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 »
The account was opened by their girlfriend.
answered on Mar 12, 2022
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 »
answered on Mar 9, 2022
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 »
answered on Mar 9, 2022
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
