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... View 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?

For what it's worth: Probate attorney = Estate attorney.

And you have no legal obligation to do anything.

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.... View More

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... View 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... View More

Talk to your attorney about this - if you were specifically asked to be there, you can likely appear by phone.

That said, your attorney might be able to appear on your behalf unless the judge needs to talk to you directly.

Your question needs more context. Are you challenging the sale? Are you just seeking authority to sell? Is there a will that gives the PR authority to sell? Was it homestead property?

Typically, when an offer is received on NON-homestead real estate in probate - and there is NO Will or no... View More

There is a question as to whether or not the POA for your sister is valid if she is mentally challenged. You'll want to contact a guardianship attorney to make that determination first. If the POA is valid, then you theoretically could purchase a home on her behalf. The terms of the POA will... View More

It's not clear but it appears your grandmother passed away after your uncle. If that's the case, both your uncle's estate and your grandmother's estate must be probated.

You'll want to contact an Florida probate attorney to handle this for you.

Typically, you can't change judicial assignments for your case without good cause.

You'll need to contact the judge's assistant to setup a hearing.

In many cases, the DMV (Florida Highway Safety and Motor Vehicles) will authorize transfer of cars and boats if it's clear who is the intended heir or beneficiary.

Grandmother could visit DMV with relevant paperwork (will, death certificate) and ask for direct transfer without probate... View More

3 years is an awful long time for an estate to remain in probate. Not knowing the finer details, it's really difficult to determine why the case has been open for so long.

Were there creditor issues?

I think you ought to ask your lawyer directly what hurdles the estate must... View More

Unfortunately, the court's role is simply to pass title of the property into the names of all of the heirs. No single heir has the power to set the conditions that you're proposing.

He can't necessarily kick you out without first probating the estate and then perhaps bringing a partition action but the answer is generally yes - it is unlikely that you can remain living in the house indefinitely.

You will want to bring a Petition to Amend Death Certificate in the probate courts. I've not done this without first opening the estate so I can't be sure it will be permitted but if you can afford to do so, it can't hurt to try. If you have to open the estate first, you'll likely need an attorney.

No other attorney can really comment on the fees you've been charged because we aren't privy to the representation agreement you signed nor the amount of work that was involved.

That said, if there are no further tasks that remain, you could try to set a hearing date with the... View More

I'm aware this is an old question but I'll try to answer it in case anyone else has the problem.

I'll have to make a few assumptions.

Simply being next of kin does not entitle you to the keys to his home unless you were either a co-owner or you were a co-tenant on a... View More

You'll have to be more specific. Probate cases are supposed to be closed within 12 months but there are plenty of exceptions that permit a case to remain open beyond that period.