Under Florida law, a Will must be filed 10 days after death. Filing a Will does not mean there has to be a probate administration. I am not sure what you mean when you say "everything is left to the husband/wife." If title to the property is...Read more »
As the attorney for the personal representative I would also not recommend this action. I know sometimes people are trying to hide money from creditors or the IRS so they avoid getting funds in their names. This of course smells like fraud.
It sounds like there are some misunderstandings about your role and duties as a personal representative. The first thing you should do is reach out to your attorney to get clarification on this issue. If you don't have an attorney you should hire one right away. In the meantime, you should...Read more »
The insurance proceeds pass according to the designated beneficiary thereby avoiding probate. Of course, if there was some fraud related to the signing of the beneficiary form or if your father was incapacitated at the time the form was signed you might have an argument. Please know that this is a...Read more »
Firstly, I am glad you are trying to get clarity on the issue. The most important question is whose name is on the title of the property. If the home is titled solely in your dad's name or titled as tenants in common with someone else more than likely a probate case will need to be initiated....Read more »
When you say he left the home to his sister was this by Will or Trust? Was the home his homestead? If the home was given by Will then the property would need to go through probate. If the home was his homestead, and if he was not survived by a spouse or minor child then the gift might be valid....Read more »
I would not recommend placing a vehicle into a Trust because of liability reasons. If there is an accident involving the vehicle, the injured party might file a lawsuit against the Trust. Also, an insurance company might not want to insure a vehicle titled in the name of a Trust. In Florida, it is...Read more »
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