answered on Jan 21, 2024
A personal representative who does not reside in Florida would need to be related to you by blood or marriage.
Unfortunately my grandmother just passed and I’m helping my mother in getting everything organized. My grandmother has a will requesting her assets be split between her 3 children. The only assets she had when she passed is a checking account that my mom is joint owner on and some personal items... View More 
answered on Dec 6, 2023
Putting the will on deposit with the clerk of court does not start a probate proceeding. It is just a means to safekeep the will in case an estate needs to be opened in the future.
I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More
answered on Sep 28, 2023
You should consult with another probate attorney to review the case and proceed from there.
I am the person named in my mother's will as her personal representative. I have spent the last several months sorting through her affairs, making repairs to her house, distributing inheritances and insurance policy claims, paying for and arranging the burial, dropping off the will at the... View More
answered on Sep 27, 2023
You need to retain an attorney and file a counter petition for administration and your oath, or the judge is most likely going to appoint the person who has petitioned.
Parent died several months ago. One of two beneficiaries live overseas, the other (named executor in will which was filed with the court) is working on getting house and contents of house disposed of and ready for sale. Beneficiary had taken care of all requirements and has been keeping overseas... View More
answered on Aug 11, 2023
You would need to hire an attorney and file a counter petition within the answer period. Then the Court will set a hearing.
answered on Aug 9, 2023
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.
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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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.... View 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?... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More
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