example of the form?
answered on Nov 9, 2023
This is a form that a Florida Probate Attorney would need to draft based on the circumstances of your probate, it may be available on the clerk of the court website in the county where the probate is taking place, but this is really a form and probate that you need and should use the advice of an... View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
answered on Oct 31, 2023
While you can accomplish some of your intended goals with proper planning, the use of a trust in the manner that you have inquired and proposed is not one of them generally speaking. Estate planning is for the purpose of trying to avoid probate and distribute your estate assets in the manner that... View More
In the next couple of months, I expect to receive 3-4 checks of varying amounts between $2k and 4$, all totaling around $12k. Some are IRS refunds, some are prorated insurance premium refunds and some are sold stock shares. I have a will naming me as the executor, the death certificate and will... View More
answered on Oct 27, 2023
This is always a problem with banking institutions and similar institutions, and this is a lesson learned via trial and error by the attorney handling the probate and filing the summary administration. The Attorney will likely have to write a separate letter on letterhead explaining the Summary... View More
To be clear, I inherited the house years before I met my wife. The house is in my name only. I've now been married to her for 6 years. Do I need to do any kind of transfer, or legal procedure before I pass away?
answered on Oct 25, 2023
You will want to speak with a Florida Estate Planning Attorney and they can help you organize your estate and this home based on your intentions with your spouse, whether you were previously married and had children, whether you kept property separate, whether this is your Homestead, whether you... View More
I was named as the PR for my deceased mother in her will. The other beneficiary hired a lawyer and that lawyer petitioned to be named the PR instead of me. I was forced to object, had a hearing and the result was a conversion to summary administration. I was under the impression that no... View More
answered on Oct 25, 2023
No, they should and would not unless the probate has been converted to a Formal Probate, otherwise it is a Summary Administration and the person is deemed the Petitioner (with less authority and less power). The paperwork and or the order from the judge should be quite clear on this and if not, you... View More
Judge said will not properly executed (no proper date and no witnesses). Money is in his checking account. Was told that after two years I can file as if he died intestate and I can claim the money. Is this correct?
answered on Oct 24, 2023
I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. No, what you are being told is only partially correct, you can file a probate right away with the help of a Florida Probate Attorney. Since there is no valid Will, then the Florida... View More
I would like to add some one to my deed, please tell me which form should I use. We would like to establish joint tenancy with the right os survivorship. I do not want to ransfer the property to their name only have two people on my deed. Thank so much for your help.
answered on Oct 21, 2023
I would encourage you to speak with a real estate and or estate planning attorney in the state where the property is located. based on what you are precisely trying to accomplish and why will make a big difference with respect to what you may want to consider doing. For example, is this property... View More
Drug charge is 12 years old. Adjudication withheld, NOT A CONVICTED FELON. Applied for and granted a CONCEALED CARRY PERMIT 1 year ago from state of Florida.
answered on Oct 14, 2023
If this is in Florida I would encourage you to speak with a Florida Probate Attorney regarding all of the overriding circumstances of the pending probate. Is there a Will, are there other candidates in the Will, is there is dispute and so forth. Generally, if no one opposes you and no one is... View More
answered on Oct 10, 2023
You can find your answer in the Florida Statutes as listed below. You can do it for yourself and son, it does not appear that you can represent the friend until you get properly licensed.
468.403 License requirements.—
(1) A person may not own, operate, solicit business, or... View More
answered on Oct 10, 2023
Generally, it depends on what your relationship is to the deceased and what type of the property it is (homestead, etc.). If a probate is done you may be able to take over the mortgage based on Federal Law, otherwise the property will need to be refinanced or sold and potentially go through... View More
I had to let it go because of no funds to prolong the registration.
answered on Sep 25, 2023
You should speak with a Florida Attorney if this is in the State of Florida, if you are a do it yourself type person, you can go to Sunbiz.org, Florida Department of State website and see what needs to be done. Depending on how long it has been inactive, you may or may not be able to get it. No... View More
answered on Sep 16, 2023
If this is in the State of Florida you will want to have a Business Attorney review the contract. Remember, the terms of your contract are negotiable so you should be aware of what you are getting yourself into possibly and what burden may be put on you to find elsewhere if you leave the company... View More
answered on Sep 12, 2023
Yes, any time you are running a business of any type, you want to keep your business and business assets and liabilities separate from your personal matters. You accomplish this by properly setting up the business and keeping personal and business assets separate and creating an Operating Agreement... View More
One of the requirements is a certified copy of legal probate documentation, dated within the past year, that reflects you are the legal heir or current representative for the estate of the deceased owner. My parents think that this is a scam. I know that it is not. We currently live in the same... View More
answered on Sep 6, 2023
You would need and want to speak with a Florida Probate Attorney and they could advise you on the type of probate that would be applicable and necessary. Whether you are a beneficiary would have to be determined, was there a Will/Trust a surviving spouse and so forth, you are pretty far down the... View More
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
answered on Sep 4, 2023
If you cannot get them to reissue the check in your name alone (not very likely), then this may well end up being an issue that will need be addressed as part of your mom's probate being done. If no probate was ever undertaken, it may well mean one does need to be done related to these checks... View More
answered on Aug 23, 2023
You likely need to check with the clerk of the court in the county where the probate took place and or you will need to work with a Florida Probate Attorney in order to draft these and or any other documents that may need to be filed related to probate matters.
Home or attach a paper to will with new home address?
answered on Aug 10, 2023
If your circumstances have drastically changes you may need to create new estate planning documents, if it is one or two changes you can likely address it via a Codicil being added to your Will. If you are trying to avoid probate entirely, I would advise speaking with an estate planning attorney,... View More
My boss wants me to sign a contract as in Independent Contractor that has a noncompete and also a survival clause saying that the section 8 noncompete is subject to the survival "sections 4,5, and 7 through 13 shall survive the expiration of the Term or the termination." So I can never... View More
answered on Aug 9, 2023
1. I would not sign it without review from an attorney.
2. I would not sign it.
3. The terms and duration would most likely be overbroad in territory and time and not enforced.
4. Keeping a person from doing their profession or working in their state of residence is... View More
He has paid the taxes from 2018-2022.
answered on Jul 30, 2023
Not very easily. A probate will need to be done and the property will go to the person mentioned in a Will or Trust, as designated on the deed or via Florida Intestate Statutes (without a Will), so, unless they are specifically mentioned and unless they meet the lengthy adverse possession... View More
There is a will and a life estate that is transferring to me. Do I need to do a notice of administrative?
answered on Jul 28, 2023
Generally, if there are any assets in the name of the deceased alone, then a probate will more than likely be required of one type or another. You will need to provide additional details to a Florida Probate Attorney and they will need to review the Will/Property Deed and the circumstances so they... View More
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