I have completed the entire form for Pinellas county, however the other beneficiary lives in Europe and neither she nor I have been able to figure out how to satisfy this requirement:
"PROOF OF SERVICE OF FORMAL NOTICE
Under penalties of perjury, I swear or affirm that on... Read more »
answered on May 15, 2023
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,... Read more »
No single account more than $10,000. Cumulative is about $13,000.
answered on May 10, 2023
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... Read more »
The only items there are are the homestead property, 1 primary vehicle and the furnishings of the house which are certainly less than $20k in value. I am only just trying to sell the house, not interested in keeping it.
answered on May 10, 2023
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... Read more »
My mom and my aunt on a property together that is zoned as a duplex on the same lot. They wrote up an enhanced life estate deed with a lawyer stating that I would get 50% and my cousin will get 50%. My question is upon their death me and my cousin or the remainders, but does that mean that in the... Read more »
answered on May 6, 2023
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... Read more »
My mother lived next door to the property that I own when she died. Since her passing, I have been making the mortgage payments on her property. The property is in Bronson, FL. I have 1 brother in Daytona and 1 in Tennessee who both claim they would like for me to have the property. When Mom filled... Read more »
answered on Apr 13, 2023
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... Read more »
I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »
answered on Jan 31, 2023
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... Read more »
answered on Apr 11, 2023
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... Read more »
Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.
answered on Jan 12, 2022
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... Read more »
answered on Jan 5, 2022
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... Read more »
Setting up attorney agreement for estate management/settlement in Florida. The house is left directly to someone in the Will, but the attorney agreement states, "If the homestead is removed from the estate by petition, it will still be included in the value of the state for fee... Read more »
answered on Nov 23, 2021
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... Read more »
my wifes dad passed away and her stepmother took everything property, vehicles, personal property, life insurance. home aquired before there marrige from inheritance. does my wife have any standing to recieve any of her dads things. she was born in pervious marriage 14 years or so before.
answered on Nov 8, 2021
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... Read more »
No will, sole heir.
answered on Nov 5, 2021
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... Read more »
My sister died as result of auto accident. All prop damage and medical injury bills are being handled under her auto policy. Other driver sustained minimal injuries and insurance trying to settle under limits of policy. Can we file for Disposition of Personal Prop without Administration while... Read more »
answered on Sep 27, 2021
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.... Read more »
What legal obligation does the developer have not to interfere with the Quiet enjoyment and undisturbed use and enjoyment of my home? Who is responsible to insure the excavation of the land (treated for decades with insecticides, herbicides, and fertilizers) does not pollute the air or water?... Read more »
answered on Sep 15, 2021
This is not an elder law question. This is a real estate question. I would re-post it under real estate law or call and get the advice of a real estate lawyer.
One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »
answered on Sep 15, 2021
You will need to hire a probate attorney to open your brother's estate and get a court order distributing the property to the heirs before you can sell the property. The attorney will explain to you who are the heirs at law. Yes, your predeceased sister's children take her share under... Read more »
My grandmother passed 8yrs ago
She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also
He wants house in his name
But i do not agree and will not sign off
What can i do to make both of us... Read more »
answered on Aug 23, 2021
If an estate was not opened 8 years ago, then either you or your uncle would need to hire an attorney to open one. In this estate, at some point the judge would sign a court order which would transfer the house to the heirs. Your uncle would receive his fractional share, and you would receive your... Read more »
My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?
answered on Jul 28, 2021
You need to work with an estate planning attorney or a real estate attorney to prepare a revocation of the ladybird deed. This attorney could also then prepare a quitclaim deed if that is your grandfather's wishes.
I am the executor and the named recipient of the home in the will of the husband. The parties involved are married but have not resided together nor communicated since the wife moved out of state over 10 years ago. His house is specifically listed in the prenup as an asset from prior to the... Read more »
answered on Jun 21, 2021
If the property is one in the deceased spouse's name, then just having a Will does not avoid probate. A probate proceeding will be required and the prenuptial agreement will be attached as an exhibit to the court petition to open the estate in addition to the Will itself being put on deposit... Read more »
answered on May 19, 2021
A will with two witnesses but without a notary is still valid in Florida. It should be filed with the clerk of court in the county where the decedent resided, and then when you are ready to open the estate, one of the witnesses will need to sign an oath before the clerk before the will can be... Read more »
I am mom and showed on certificate. no will found so far. He never met her or paid child support. I have called 8 numbers and found 8 emails with no reply
answered on May 19, 2021
As a surviving legal parent, you are an interested party with preference of appointment as personal representative. You should retain an attorney to represent you and prepare to open the estate. If the biological father is not the legal father (there is a statute in the Florida probate code that... Read more »
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