The Will may be valid but his actual spouse may have a stake in his estate as well. You should contact local counsel to present the Will and explore options.

If it’s clear to the DMV who the heir should be and the car does not have a lien on it, then you have about a 90% chance that the DMV will authorize the transfer without probate orders. It’s always worth trying - worst they can say is no.

The Bureau of Unclaimed Property (who administers Fl Treasure Hunt) may have a threshhold amount (possibly as high as 10k) before probate is required. Call ahead and find out if probate would be absolutely required. Otherwise, you'd likely need probate.

You need to hire an attorney to make sure your rights are established. It appears as though you may have an interest based on the few facts you've given as well as the fact that the attorney is asking you questions.

Sounds like you’ll need to open probate to have the Will admitted (think “activated”) so you can transfer assets.

You’ll want to consult directly with a probate attorney about your options and path forward.

BTW, the death certificate you received is referred to as the... View More

The mortgage lender does not dictate if property must go through probate. If a quit claim deed was signed by the decedent before the decedent died and the deed was valid then probate would not be necessary. You would need to elaborate more on what’s going on with this matter for us to give you a... View More

Miami Dade is easily the slowest county for probate in this state. We handle them there all the time and there’s not much to do but get it filed, jump through their extra hoops and hurdles and wait for them to get around to responding to you. I strongly recommend you hire an attorney.

Hello: Looks like you'll want to pose this question to the Arkansas section. These rules, if they exist, are state specific.

Based solely upon the facts you've presented and assuming the property is still legally titled only in your mother's name, you have at least a 50% interest. The other 50% may eventually go to your sister's husband through a probate administration of her/your sister's estate. You... View More

Assuming your mother and father were married until she passed, he has standing to bring a probate administration in Florida. That said, you could, as a potentially interested party do the same provided he doesn't object. He would be the beneficiary if your mother had no other children outside... View More

Does the Will say the homestead MUST be sold? If not, then there is no mandate to sell the property to pay off other debts. It's unclear if the advice you've received is from an attorney - either way, I'd seek another qualified opinion.

If she was a Connecticut resident, you are going to have to seek advice in Connecticut. Probate in Florida only occurs for estates where the deceased resided in Florida at time of death or where the deceased owned property in Florida. Hope that helps.

Are the kids minors? If so, she can’t throw them out assuming their father is the current title holder. Contact an attorney directly.

You should consult with your probate attorney if you're already in probate.

That said: Consider contacting the utility company and explaining that your mother passed. They will provide you with options for transferring or scheduling shutdown of service.

If possible, notify... View More

It will, at the very least, require a determination by a probate judge that it was your residential homestead in order to pass on to your spouse.

You could correct this relatively easily by executing a warranty deed to add your spouse. Contact a lawyer to have one prepared so it's... View More

Based strictly on the facts you’ve provided, probate will probably be necessary because of the lack of marital designation on the deed.

The Will should control but it must be admitted to probate before it becomes effective. I strongly recommend you contact a probate attorney.

If the deed is only in your father’s name, you’ll have to probate your father’s estate and your mother’s estate in order to pass it on to your mother’s children. This is assuming of course that there is no will just you being the assets to persons other than descendants. I strongly... View More

The spouse is not personally liable but the debt may have to be satisfied from the deceased assets if probate is necessary before the spouse inherits. The existence of a Will has no bearing on whether or not the debt gets paid in an open probate case.

Please consult with a lawyer for a... View More

I’m afraid your question(s) aren’t clear. Are you asking if the notary can be licensed in another state?

Generally speaking the affidavit needs to be executed with the testator, witnesses and notary all in the same location and immediately after the Will itself is signed.

For... View More

Probate in Miami Dade county CAN take a very long time - considerably longer than any other county. That said, I'd ask if they creditors claims can be paid from the proceeds of your mother's Ocala property. Since you are the appointed PR, Miami Dade will likely require you to seek... View More