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Should I have legal representation to deal with estate attorney as PR and as an heir to the estate?
answered on Oct 24, 2024
As the Personal Representative you are free to engage any attorney you desire to assist you with the probate process. I would express my concerns first to your current and then, if necessary, you can hire a replacement attorney. You must have an attorney assist you through this legal process.
We want to make sure legally that only 2 of my children and 1 of his split everything 3 ways and for it to be legally binding
answered on Apr 22, 2024
You need to create a Last Will and Testament and/or Revocable Trust to accomplish your goal. If you want to ensure that one child is disinherited I highly recommend that you utilize the services of a legal expert and not an online form. In the alternative, you could title your financial accounts as... View More 
She took from sister Jo, but I fought it in court and won. Now our brother died, leaving no will. Pat and her corrupt buddy Lynn applied to be Personal Representative, while my sister Jo and I went for it. Unbelievably the judge gave it to Pat & Lynn after they altered my father's will a... View More
answered on Apr 15, 2024
Is the proceeding in Florida or New Jersey? You may have a legal basis to Appeal the ruling, if it fits within guidelines. Otherwise, you can Petition for removal based upon the presentation of your evidence. Good luck.
Are the assets in an IRA owned by a Florida resident protected from liability judgement when the IRA is registered with a Minnesota institution?
answered on Apr 2, 2024
The location of the institution has no bearing on its protection, what is important is your state of residence. Not many institutions are located or headquartered in Florida.
Not sure if I need lawyer, step family hasn't left me alone, planning funeral using all funds from life insurance policy, that they are not beneficiaries to.
answered on Apr 2, 2024
Absolutely yes. If you are the sole beneficiary, the information can only be given to you.
answered on Apr 2, 2024
Your advocate may reside in any state or country. There are no restrictions as far as residency or relationship.
What are the tax implications after receiving beneficiary funds?
answered on Nov 16, 2023
Unfortunately, nothing prevents them from challenging your designation with each institution. There are no tax implications if the amount received is under the unified credit amount.
To be clear, I inherited the house years before I met my wife. The house is in my name only. I've now been married to her for 6 years. Do I need to do any kind of transfer, or legal procedure before I pass away?
answered on Oct 25, 2023
If the home is your primary residence, under Florida law your spouse can elect either a 1/2 ownership interest or a life estate. If you leave your entire estate to your spouse by Will, the above would not apply as he/she would be receiving the entire asset.
I was named as the PR for my deceased mother in her will. The other beneficiary hired a lawyer and that lawyer petitioned to be named the PR instead of me. I was forced to object, had a hearing and the result was a conversion to summary administration. I was under the impression that no... View More
answered on Oct 25, 2023
A Personal Representative is NOT named when you utilize Summary Administration in Florida.
I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More
answered on Sep 27, 2023
If your name / identity was forged I would highly recommend that you not only contact law enforcement but the judicial system in which the event occurred. Depending upon the amount in question, it could be a very serious crime.
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
I highly recommend that you engage legal counsel before the proceeding. They may advise you best how to proceed based upon your specific circumstances, especially if there are no assets in the probate estate.
He had credit card debt, so a signed affidavit that he had no debt isn’t possible, but everything I read says that affidavit is required in this scenario- but everything I read also says car should be exempt? If car is exempt from credit card debtor, how do we transfer ownership to my mother if... View More
answered on Jul 20, 2023
In many cases, if the decedent's Last Will left everything to his/her surviving spouse, the DMV will transfer the title to them upon receiving a copy of the Will. The auto is an exempt asset so no creditor claims would attach to it. Try that route and see if they oblige.
We all live in Florida. She is asking my husband for his SSN, birth certificate, and driver's license to add him to her will. When he asked her why she needed it, she replied that the lawyer asked for it. She has a tiny estate. Is personal identifying documentation required from your... View More
answered on May 18, 2023
None of what is being requested is needed by the attorney drafting her estate planning documents. The only information he/she may require is the age of the child.
answered on Feb 9, 2022
A properly prepared and recorded quit-claim deed will pass title to the property from one party to another. If done during her lifetime, she will lose her homestead and/or widow exemption, if applicable. Based upon the value of the property, if in excess of $16,000, you will need to report the gift... View More
She transfered all of her real property to other family members before her death including her home.
answered on Jan 31, 2022
If she died with no assets titled in her individual name then no probate is required in the state of Florida.
My mother has a durable poa from my father. My father has had a stroke but is not fully incapacitated. My mother needs me to take over many of the tasks. Since my mother has poa from my father could she, as his representative, sign a poa in his place given me poa for my father?
answered on Jan 26, 2022
Depending upon the verbiage contained within your father's POA, she may be able to appoint you as her agent/representative to handle certain matters on her behalf. However, she cannot sign a POA over to you.
Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?
answered on Jan 25, 2022
When you use the word "partner" I am assuming that you were not married to them. If that is the case unless your name was on the title or their Last Will and Testament left you rights to the property, then you have no legal rights. I can start eviction processses to remove you if you will... View 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
What did your divorce decree state with regard to the mortgage? Did he have to refinance it? You need to get yourself removed from the mortgage, and the sister needs to refinance the house. How is your name on the mortgage and not the title? I cant tell you what to do, but if she sells it will... View More
answered on Jul 29, 2021
You can do it yourself, but you run the risk it will not be done in accordance with Florida Law and be invalid. I highly recommend that you utilize the service of a respected attorney to make your changes to ensure they are done correctly and honored at your death.
My father owned nothing in Florida except debt when he died. He had debts to at least a credit card, a mattress company, a car loan, and apparently a sizable sum to the IRS.
He had around $900 in his checking account.
Is it in anyway wise to hire an attorney in Florida, or should I... View More
answered on Jul 14, 2021
If the real property is located in LA, you need to conduct probate in the appropriate Parrish.
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