My mother owned a piece of real property when she passed away. There was no Will. There were two lineal descendants which are my sister and I. My sister and her husband moved into the house. We never made a claim of the inheritance with the courts. My sister passed away with no lineal descendants.... Read more »
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 should definitely...Read more »
They were married and I have siblings, they all live in PR. They haven’t done anything in PR or here. My father has 8 kids outside of marriage. House owes around 20k. No one has paid for the house since my mother died. I was paying for it prior to that until the day of her death because my father... Read 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 of...Read more »
We live in Florida. I have lived and been a caregiver for my stepfather since my moms passing 15 years ago, he raised me but never adopted. He and my mom have a child together, my sibling and I are close and we are both executors. In the will he left me the home so I could continue to live here, he... Read 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.
As far as I know we never had a probate court case. My mother had nothing when she died. I was her only child and I took care of her all of my adult life and had poa for many years. They have me listed as the beneficiary, but want this executor info. How do I obtain this money? They said I may have... Read more »
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.
House was to go to boys when they turn 21 and 4 years later the sister has cut us out of the entire process. The house is almost unlivable and I asked for her to give me the title so I can get a loan to fix the house so when it is given to 2 young boys they can live in it, she won’t. They are... Read more »
Still in probate but mom left everything to me. Im selling the property next year. The electric is still in moms name so Can I have it turned off since I dont live there. Brothers were told to transfer into their name but have not. I have been paying for the electric. Brothers live there free.
In Florida, there is a man and women were married but she never took his name. The purchased an income property and 10 years later he passed away. She would now like to sell the property but the title company says she can't because there was no designation such as married or tenancies of the... Read more »
My father passed in florida and before my mother transferred the deed she too passed away suddenly. We are not sure if her name is on the deed or not. If not, would it automatically be hers, then their children together? Or still the husbands and his children? (If their are others outside of the... Read more »
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...Read 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.
Brother left considerable debt (about $20,000). Bo's only assets are a 25% ownership in a home in Ocala (the house was inherited from our mother; my two other brothers and I own the other 75%), and an automobile. Probate attorney filed the probate petitions in January 2017. After 16 months and... Read 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 authorization to...Read more »
Ask the personal representative (executor) of the estate directly. Otherwise, I recommend calling the clerk's office in the county where the probate is open. They can give you an idea of the status of the probate.
No but it may take a few extra steps to have the Will admitted by a Florida Probate court. Most wills have the same basic provisions but the formalities of executing and signing the Will vary from state to state. Generally speaking, a Will from outside the State of Florida can be admitted in...Read more »
will. We were told first that the property would get divided among her (my mothers) surviving children, now were being told that we have to include my sisters children. Is this correct? I'm talking about my mother. My sister passed in April and my mother in September. We have not been able to... Read more »
If your sister predeceased your mother, there may be a provision in the will that directs distribution to your sister's children. It's not uncommon. Does the person telling you this have a copy of the Will they can furnish to you?
My estranged husband died seven years ago and I just found out. He inherited his father's house along with his brother before we were married. I do not necessarily want any part of his inheritance but want to know if I am required to do anything, since I have no clue as to what my husband's... Read more »
They are tenancy in common. The 95% owner now wants the money she invested and asking the 5% owner to sign a phony rental agreement and asking to sell property to her husband. Obviously, taking the 5% ownership away and now becoming a renter. the 5% owner is trying to qualify for her own loan;... Read more »
The 95% owner cannot force the 5% owner to sign a rental agreement. Furthermore, signing such an agreement does not remove the 5% from the 5% owner. I'm not a mortgage expert so I can't comment on how the 5% owner is going to take out a loan with such a small stake in the property.
My husbands mother left everything to him and sole beneficiary we are having trouble coming up with money to pay for attorney/ probate process to get her mortgage free home which we are living in for the past 10 years in his name does it matter how long we wait after her passing
How long ago did she pass away? If it's been more than 2 years, the cost of probate shouldn't be too bad. I realize that this is a relative statement. Try to find an attorney that offers payment plan options.
That said, there is no statute of limitations on when probate must begin but...Read more »
Assuming no pre-marital agreement to the contrary, husband is at least entitled to a life estate in the property (right to "possess" the property until he dies). After husband passes, property goes to children of wife.
Within 6 months of date of death of spouse, husband has a limited time...Read more »
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