My dad filled out a Will years ago when he was a single man. The Will states that a gift be given to his closest friend that lived with him for over 20 years in the house she is to continue to live in the house pay all the expenses for the house mortgage/insurance/utilities and upkeep until she... Read more »
answered on Jan 3, 2023
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.
answered on Feb 26, 2022
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.
answered on Sep 18, 2020
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.
The party that did the paperwork didn't know the other sibling had passed or had any children so im not listed what can I do? Plus the law firm representing the other party wanted me to answer questions pertaining my father which was the sibling that passed b4 my uncle should I answer them or not?
answered on Jun 24, 2020
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.
.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list... Read more »
answered on Mar 6, 2020
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... Read more »
answered on Feb 26, 2020
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... Read more »
Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.
answered on Nov 5, 2019
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.
to real estate, could her home, my stepfathers 1/3 life estate, be sold to cover her debts? Please advise.
answered on Oct 29, 2019
Hello: Looks like you'll want to pose this question to the Arkansas section. These rules, if they exist, are state specific.
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 »
answered on Oct 14, 2019
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... 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 »
answered on Jun 27, 2019
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... 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 »
answered on May 29, 2019
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 »
answered on May 18, 2019
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 »
answered on Nov 24, 2018
Are the kids minors? If so, she can’t throw them out assuming their father is the current title holder. Contact an attorney directly.
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.
answered on Nov 20, 2018
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... Read more »
Will to this property go though probate court if I pass away?
answered on Oct 22, 2018
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... Read more »
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 »
answered on Sep 1, 2018
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.
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 »
answered on Aug 19, 2018
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 »
answered on Jul 13, 2018
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... Read more »
In Florida, for a will to be "self-proving" the testator & 2 witnesses must sign an affidavit at a notary. The witnesses could live in a different state (vs. the testator).
answered on May 7, 2018
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... Read more »
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... Read more »
answered on Apr 23, 2018
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... Read more »
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