Do anything about that she's taken everything and acts like we don't know each other.. numerous property's, antique car collection plus....
answered on Mar 24, 2023
My condolences to you and your family. Under Florida law, the original Will should be filed within 10 days after death. Do you have a copy of the Will? Does your stepmom have the original Will? Without a copy of the Will, you don't know if you are entitled to any of your father's assets.... Read more »
everything we own is in both our names .
answered on Dec 8, 2022
If you are married in Florida your spouse is legally entitled to certain assets such as your Homestead and certain exempt property. Additionally, if you leave less than 30% of your estate to your spouse he can make an election against your estate. You should contact an estate planning attorney for... Read more »
The company is a well known company that handles pension plans and annuities. I was able to access my mother's accounts online there's well over $100,000 of equity in two accounts. I reported this information almost 4 weeks ago I was told I was going to get a packet of information. I... Read more »
answered on Oct 11, 2022
I would highly suggest that you do not send them the original copy of any documents that you have regarding beneficiary designation. It might be a good idea to hire an attorney to write them and make an official demand for payment according to the beneficiary designation form that you have. All... Read more »
Does probate need to get involved!?
answered on Mar 23, 2022
My condolences to you and your family.
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 »
The account was opened by their girlfriend.
answered on Mar 12, 2022
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.
I was his Legal Guardian and he lived with me. There was never an estate. Someone must have done it as he needed care all of his life.
answered on Jan 14, 2022
I am sorry about your loss. There are ways to get this done with a small administration by the statute. Who paid the funeral expenses? Check with the clerk of court in the county where you live.
I am the executor of my moms estate.
I am also beneficiary of stocks and were transferred to my account as soon as the death was reported.
As the executor I was told all assets need to be distributed equally. So as soon as I got the stocks I sold them and put the money in the estate... Read more »
answered on Jan 2, 2022
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 »
Can I get help with recovering any of the policy payout.
answered on Dec 17, 2021
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 »
DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE
answered on Dec 16, 2021
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 »
mortgage? I can't have late pmts on my credit. She will probably want to sell. Should I try to buy her equity and continue mortgage?
answered on Aug 10, 2021
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 »
answered on Aug 9, 2021
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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