If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »
Yes it is possible. The order of intestate succession is spelled out in the Florida Probate Code. It would be very rare for any assets to escheat to the state when there are living beneficiaries under the laws of succession.
My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »
There are a lot of complicated issues here. A personal representative is the same as an executor-it’s the term used in Florida for the same function. The fact that you were with your partner for a long time is not relevant because there is no common law marriage in Florida. The first question...Read more »
You can make changes to your will either by codicil or by doing a new will. If you do any changes, it has to be executed in the same manner as before with two witnesses and a notary for a self proving will.
I would need additional information in order to provide an accurate answer. Did your father have a will? Was a probate done of his estate? If your step mother was the surviving spouse, she was entitled to receive some benefits. Was there real property involved? You really need to speak to a...Read more »
Any account or life insurance that has a beneficiary goes directly to beneficiary outside of a probate. You didn't mention if she owned Florida real estate or if she had a will. Different rules would apply for intestate or homestead property.
We always discussed that I would inherit the house and my stepfather has no relatives. I'm told now they're going back to the 1850s to find a relative. How long do companies that search for ancestors have to show a blood heir? I'm taking care of the house at the moment and have... Read more »
Without a will, the estate is intestate and must follow the order of succession in the Florida probate code. Did your stepfather legally adopt you? Did he have any natural children or siblings? Are his parents alive? Unless you were legally adopted, you are not entitled to anything and the Probate...Read more »
My will covers all of my assets and is not very complex, but the investment company that manages my IRA account has a beneficiary form which doesn't allow the same amount of detail. Upon my death, is it likely that there will be financial, e.g. tax, implications if no beneficiary designation... Read more »
You don’t say whether she is physically or mentally incapacitated. If she is mentally incapacitated she can give someone a power of attorney since she lacks the requisite mental ability to give someone a valid power of attorney. If she is physically incapacitated she should give the power of...Read more »
title is asking to either see copy of trust for trust affidavit. sellers are from IL and lawyer that drew up trust in 2013 is retired and office doesnt have a copy. sellers names are written as john doe and sally sellers trust. the lot they are selling is in Florida. the seller told me he is the... Read more »
There is really nothing you can do since the title company will not close the transaction. Someone needs to find a copy of the trust documents to prove they have the right to sell the property. Otherwise you will have to have them go to court to clear the title.
If the account has you as a designated beneficiary, if she passes, it would not be a probate asset and would pass automatically to you without probate. Make sure she filled out the beneficiary form. Just being a joint account is not enough
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