Filing an objection means that you are contesting something about this estate, and may probate attorneys including myself do not handle adversarial matters. For that reason, yes, you would need to retain someone who either is willing to handle an adversarial estate or handles probate litigation. If... View More

It is important that deeds are prepared correctly. If you are in doubt, please work with an estate planning or real estate attorney to prepare your deed. That being said, to answer your question in general, the homeowner is the grantor, and both the homeowner, as to a life estate with certain... View More

If your mom has moved to another state, you should be able to skip the step of transferring title in Florida by taking the Florida title and his death certificate to the tag office in the state where she resides and see what title transfer on death form that state uses. In Florida probate is not... View More

Thank you for your question. A probate would be required to transfer the property from your late father's name to the heirs. Then quitclaim deeds from the heirs to you would serve to transfer clear title to you. Without probate there is a gap in the chain of title from your father to his... View More

Thanks for your question. In addition to the funding language included on a schedule attached to a trust agreement or in the trust agreement itself, certain assets such as bank accounts and real estate must actually be retitled during the grantor's lifetime in order to be made part of the... View More

Hi! Thanks for your question. If the other person is also an heir or other interested party, they can sign a joinder, waiver and consent to the petition. This joinder, waiver and consent form also includes language stating that the person waives notice and hearing. If you can find the joinder,... View More

Thank you for your question. You will most likely need to open a probate estate and get an order of summary administration from the Court in the county where your mother resided and then include a certified copy of that order in the packet that you send to State of Florida Unclaimed Property to... View More

Thank you for your question. Yes, it is most likely that you will need to open a probate estate to transfer the homestead and the other assets. When an asset such as a homestead, a vehicle, or furniture, furnishings and appliances are deemed to be "exempt property", that does not mean... View More

Thanks for your question! An attorney would need to take a look at the deed to confirm my answer, but based on the facts that you have provided, you and your cousin would be remainder beneficiaries as tenants in common (not with survivorship between the two of you). This means that you would each... View More

Once the real estate together with the mobile home goes through the probate process and the judge has issued a homestead order giving the land and the mobile home to the heirs according to their shares in the will, your siblings can sign an quitclaim deed to give their shares to you. This would all... View More

You should work with an estate planning attorney to prepare a last will and testament with a testamentary trust for minors built into the will. Then with the attorney's guidance, you can designate the testamentary trust in the will as the beneficiary of the retirement account, so that if you... View More

You would need to hire an attorney and file a counter petition within the answer period. Then the Court will set a hearing.

Yes, there is very specific language for a ladybird deed to be valid in Florida. As with the preparation of any deed, I strongly recommend that you retain an experienced estate planning or real estate attorney to prepare such a deed for you.

Short answer is yes. Retirement accounts that pass to a designated beneficiary are not part of the probate estate and are not subject to creditor claims. If there is no designated beneficiary and the retirement account passes through the estate to the heirs, then it is, unfortunately, subject to... View More

Please accept my sincere condolences on the loss of your husband. Depending on how the real estate was titled, you will have to do one of two things:

1. If the real estate was titled on your deed in your name and your husband's name, husband and wife, then all you will need to do is... View More

You may need to have your probate lawyer file an amended petition for summary administration to include this refund on the amended petition and proposed amended order of summary administration as an asset, so that you can use the court order to get the refund issued in your name. Another option is... View More

The issue of the homestead property being devised to someone in the will has nothing to do with whether it is included or not included in the fee calculation. As the other attorney answering this question has addressed, the value of the homestead is not included in the statutory fee calculation. If... View More

This often happens in second marriages if the assets were jointly titled husband and wife property (real estate) or if wife was the joint owner or the POD/TOD beneficiary (bank accounts, investment accounts, retirement accounts).

Even without a will, then, wife would receive all the joint... View More

Yes, you will need to hire a lawyer to open her estate and have the judge sign a court order which will transfer the property to the heirs. If you would like to discuss this case with my, I offer a free 15 minute phone consultation. I handle estates anywhere in Florida and handle summary... View More

I am so very sorry for your loss. If you properly file the court papers for Disposition of Personal Property Without Administration and provide the appropriate supporting documentation and get the waiver/consent of all the heirs, then the court will prepare the order and the judge will sign it.... View More