This is a contested real estate matter. You will need to speak with a real estate attorney.
The trust has 4 beneficiaries and I am trying to figure out if I have the right to a portion of the cash before the home sells or if I have to wait for the home to sell to receive any payment.
If you are a trustee in Florida, I would recommend that you consult with a probate and trust attorney before you make any distributions. If the trust is in another state but with real estate in Florida, you may need to consult with an attorney in the state in which the trust is being administered.... Read more »
This person owns a house which has no mortgage, but hasn't updated his will for over 20 years. He asked me for recommendations, so I am trying to research his least costly options.
Please let me know what county your friend resides in, and I can help you locate the appropriate pro bono legal services organization.
My father passed away October 29. He was never married to my mother and his name is not on my birth certificate. He did not tell me he was my father until I was in my 20's. We did not have any kind of relationship. He never provided for me in any way while I was growing up (on and off... Read more »
The Florida Probate Code states that you would need to have some proof that you were his child. This could be in the form of a written statement by him acknowledging that he is your father or an adjudication of paternity by a court (either in a paternity case or in a child support case). One of... Read more »
Can the health poa also perform financial matters if someone is incompetent ?
You would need the person to have signed a durable power of attorney giving you financial decision making powers before they became incapacitated. A health care surrogate cannot make financial decisions. If you do not have a durable power of attorney and someone needs to make financial decisions... Read more »
The original Trustee has just passed away. All Wills and Trust documents are complete according to State law
The successor trustee should file a Notice of Trust in the county of residence of the deceased Grantor. This filing involves a filing fee of $41.00. There are also quite a few other administrative responsibilities of a successor trustee for which the guidance of an attorney is highly recommended,... Read more »
I never met my father and only occasionally spoke with him. He lived and registered the car in North Carolina but was down in Florida when he passed. The detective who found him contacted me, his only living kin, and told me to come get his things. I insured the car, flew down to Florida to pick it... Read more »
There will be a process in either NC or GA to get a copy of lost title and transfer title to you as the heir. This is not a Florida matter.
I need to take possession of the home in montgomery. There is no mortgage. Taxes and insurance are current. What steps do I take first?
If the property is located in Montgomery, Alabama, then you will to post this question in the Alabama probate Justia forum. If the property is located in Florida, and there was previously an estate administration for your father which provided a life estate to your stepmom with remainder to you on... Read more »
He is alive but has 2 people renting rooms in his home he owns. I want to protect myself but also not sure if I need to do anything now? What happens if he becomes incapacitated? Should I meet with any attorney now? Thanks
As agent, you can meet specifically with an elder law attorney who can review your friend's financial picture to determine if there is anything you could be doing (or shouldn't do) as POA to help him qualify for Medicaid and other long term care benefits if he were to need nursing care in... Read more »
I left ny in Feb 2016 was threatened if I went back to retrieve my personal belongings. My adult son still lives in the home and refuses to talk to me since I left. His dad passed away last saterday. Everything is in my name. What are my legal rights and options?
You will need to hire a NY attorney to file an eviction action.
If your parents are still living, you do not need a probate attorney. A real estate attorney could look at the deed to help you determine if the property would pass to the survivor under the deed or if probate would be required someday.
I am paying their mortgage payment and wonder what happens when and if my mother passes. Please advise.
Thank you
At the time of your mother's passing, if her home is titled solely to her in fee simple, then there will need to be a probate administration to transferred to her heirs at law (if no will) or devisees (if there is a will). The probate process is necessary to give clear title to the... Read more »
I, as the surviving spouse want to sell this property (FL) and need to probate it because I am not on the deed, only my husband. He and I had 2 children together who are minors and he had one adult child from a previous relationship as do I. I was advised that upon the sale I am entitled to 50% of... Read more »
I am very sorry for your loss. Those attorney answering this question before me are correct. The children's 50% goes to all three children. Because your children are minors, if you were appointed the personal representative (spouse has preference of appointment when there is no will) and you... Read more »
.. 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 »
Hi Travis: I am so sorry for your loss. You will need to work with a Florida probate attorney to open your aunt's estate and get the court orders admitting the will to probate transferring her assets. Depending on the size of the estate, you may qualify for summary administration, which is a... Read more »
My parents passed away 11 years ago and left the house to me an my other two siblings. The last time I seen the executor of my parents estate was back in 2011 when the house went into foreclosure. She signed papers to allow me to pay an save my parents home afterwards I tried contacting her in... Read more »
Even if you are not the executor named in your parents' wills, you can still file a petition to open the estate. You should work with a probate attorney to review all the facts and determine what type of estate to open. In the meantime, keep paying the property taxes.
trying to get legal ownership of the property. 2 Uncles are deceased, 1 Uncle still alive, and now I'm legally owner of the last 1/4 because my mother deeded it over to me. Both deceased Uncles have been gone for over 10 years without a probate process processed on their estates. I've... Read more »
It looks like you will need to hire an attorney to open your grandmother's estate (if the property appraiser still lists the property in your grandmother's name with "heirs" after her name and then you will also have to open the estates of both of your uncles. Then after that,... Read more »
The will specifies one heir and same person to be personal representative (executor). Assets include a condo, bank accts and investment accts.
When can estate bank accts be created from the deceased's money to pay bills like utility bills, property taxes, condo fees etc?
When... Read more »
I'm sorry for your loss. Each county varies how long it takes the court to review the initial pleadings and appoint a personal representative. With the personal representative and the beneficiary being one and the same person, there will not be anyone else to give notice to, so once you have... Read more »
I’m in WI, she lived in Florida. What is my next step? She does have a will that’s in her safety deposit now, I can’t access since she has now passed. How do I get appointed by FL to handle my grandmothers affairs? Any advice will be much appreciated, I have no idea what to do. I am my... Read more »
I am sorry for your loss, and I am here to answer your questions. The Florida Statutes provides that if a death certificate is provided to the bank where the safe deposit box is located, the bank will open the box and give the will to the person designated as the personal representative. Then you... Read more »
The one who died is my brother
and his wife also died long ago.
They have 4 adult children.
The 96 year old, my sister, lives in the condo in North Carolina.
Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should... Read more »
You will need to hire a probate attorney and open probate estates for each of the deceased people for their share to be transferred to their heirs by a court order. Then the heirs will have a court order authorizing them to sell the property. There is no other way to transfer the property from the... Read more »
1 sister dies, is the deceased sister family entitled to her half in the house in the state of Florida. There is no will from the deceased sister
If both sisters received their shares via a probate order determining homestead status or a PR Deed, they would have each received an undivided one half as tenants in common. This means that their one half passes to their heirs. The sister's next of kin should open an estate to transfer the... Read more »
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