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My mother passed away and named me as her Personal Representative in her Last Will and Testament. There is no probate involved because her home is upside down in payments. I am handling tasks based on the will, and there are no legal restrictions on her bank account. I've put a freeze on the... View More

answered on May 6, 2025
If the refund check is less than $75,000, then you can open a summary administration and get an order to reissue the check to the heir. If it is more that $75,000, then you would have to open a formal administration, get appointed as the personal representative, and then use the court order to open... View More
My mom and dad, now divorced, had a legal agreement in their divorce decree stating that neither could sell the house, as it was intended for their daughter. My dad lived there, but my mom did not. I am the daughter, and I'd like to know if I'm allowed to live there now that my dad has... View More

answered on May 1, 2025
I recommend that you consult with an experienced attorney who handles family law and probate. Ask them to review the divorce decree to see what your parents agreed to. For example, it may be that your parents continued to own the house 50/50 as tenants in common. If you are your father's heir,... View More
I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?

answered on Apr 23, 2025
Please accept my condolences on the loss of your father. You will likely need to open an estate for your grandfather and your father to transfer the property to you. First, in your grandfather's estate, his heirs would be determined and a court order would transfer the property to his heirs... View More
My mom passed away in 2010, and my sister said there was a will, which she witnessed as one of the two witnesses. It took years for me to locate the will, but I eventually found it and filed it at the clerk's office. Since then, the other witness has passed away, leaving only my sister as the... View More

answered on Mar 25, 2025
Yes a will can be admitted to probate if one or more of the witnesses is deceased. If the will is self-proving, meaning that certain attestation clauses are included in the signature area, then witnesses are not contacted in the probate case at all. If that attestation clause is absent, then the... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More

answered on Mar 23, 2025
If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which... View More
I've been living with my partner in Florida for over 10 years. In the event of my partner's death, I'm listed in their will to receive the house and any money that may be coming. There are no other heirs who might contest the will, it was notarized with witnesses, and there are no... View More

answered on Mar 3, 2025
If you are listed as what is called the remainder beneficiary to receive the "rest, residue, and remainder" of the estate, then you would be entitled to any asset that was part of that remainder including proceeds from settlement. The remainder would not include any asset that passed... View More
I am a biological son of my parents, and my father's will in Florida was recently revised. This new will includes a clause titled "Effect Of Adoption." When I asked the estate attorney about this, I was told it's just "boilerplate." There have been no adoptions in our... View More

answered on Feb 23, 2025
If there have been no adoptions in your family, then this clause would not affect anything. It would be considered boilerplate that you can ignore. If there were an adoption in the family, then this clause, depending on what it says, would either include or exclude the adopted person.
My parents are on my mortgage and deed with right of survivorship. The mortgage company stated that when my parents pass, they will be listed as "in the estate of" on the mortgage. I've been told by the mortgage company that as long as I continue making payments, nothing will change.... View More

answered on Feb 23, 2025
The home would pass to the surviving joint tenant named on the deed. Because the mortgage is secured by the real property, the ownership of the home by the surviving joint tenant is still subject to the mortgage. In cases like this when there is no probate required, the surviving owner should first... View More
Never asked me to pay taxes. He is now in assisted living and doesn't have access to bank accounts. The property is going to be sold on Jan. 13, 2025,unless the taxes are paid. Just found this out.

answered on Jan 2, 2025
It is important that the taxes be paid before the date of the tax sale. Check the tax collector's website to see all the instructions for paying the taxes so close to a tax sale deadline. Anyone can pay the taxes, so it is okay for you to be the one to pay them. Typically, where there is... View More
We have moved and the listed assets have changed.

answered on Dec 20, 2024
Listing assets on the Schedule A with the exception of listing "all of my items of tangible personal property" does not in fact fund the trust with anything. It is essentially there to show there is $10.00 in trust at the beginning so that the trust is not empty. The trust is actually... View More
Should I have legal representation to deal with estate attorney as PR and as an heir to the estate?

answered on Oct 24, 2024
One time in my 28 year career I did recommend that my PR client retain a separate attorney to represent them in their capacity as an heir for the limited purpose of explaining how a life estate worked, because they did not agree with my explanation and thought that I was somehow working on behalf... View More
Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More

answered on Oct 22, 2024
You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

answered on Oct 2, 2024
This is a question that would need to be answered by a Rhode Island attorney as it is the law of the jurisdiction where the testator resides at time of death that would be applied. As an example, Florida law states that a personal representative (executor) must either be related by blood or... View More
I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

answered on Oct 2, 2024
If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... View More
I have looked all over internet and all I see is getting paid as a caregiver but not this caregiver account transfer.my husbands step dad says it is needed to avoid look back to get Medicaid. His attorneys told him to transfer trust into caregiver account under my husband and I. Eventually after... View More

answered on Sep 17, 2024
Please make sure that you are working with a knowledgeable Medicaid Planning/Elder Law Attorney. There is a contract called a Personal Services Contract that when executed properly allows a front loaded payment to a caregiver or care manager (usually a trusted family member) based on the actuarial... View More
She cannot afford the prices that most seem to charge in her area. $1000.00 up to $8000.00. Any pro bono help or less expensive assistance would be appreciated. She lives in Columbia County, but can travel to Gainesville if need be.

answered on May 14, 2024
If you think that her income is such that she may qualify for pro bono legal services, you can contact Three Rivers Legal Services to see if she does in fact qualify, and if so, they will find a pro bono attorney who would be willing to prepare a will for her. If not, she can call our office in... View More
Even though it says I may live here till I Die, Marry or move then it goes to his children or am I the sole owner because he quit claim deeded the property to me in the trust?

answered on Feb 14, 2024
You should definitely consult with an estate planning attorney to review the trust agreement and determine what your rights are and explain it to you. It sounds like you are a trust beneficiary for life, but there will be specific terms in the trust agreement that determine what rights you have as... View More
I was named the PR/executor in deceased's will. Will was submitted to the court. Formal probate was initiated, but then before I was named PR, it was converted to summary administration (there is no court-appointed PR in summary administration) because the only asset needing probate was the... View More

answered on Feb 1, 2024
I often have this conversation with clients after summary administration. In your situation, your last opportunity for reimbursement of estate related and real estate related expenses is at the time of the real estate closing. You are going to want to provide proof of payment of these expenses to... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

answered on Jan 23, 2024
I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More
I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More

answered on Dec 30, 2023
Unfortunately, you will need an order from a judge for the check to be reissued to an individual, not the estate. If you or anyone else paid funeral expenses or final medical bills out of pocket, you can file a disposition of personal property without administration for which the clerk of court... View More
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