answered on Jan 12, 2024
For probate information, in other words, to see if an application has been filed in court to appoint a personal representative pursuant to a will, or in an intestate (no will), find the website for the clerk of court in the county where the deceased parent resided. You would look under "court... View More 
answered on Jan 10, 2024
Your sister would need to authorize you to enter and care for the home. She would need to sign a deed to you to give you authority to own and possess the home.
By Fl. law how would the judge react to these actions?
answered on Jan 7, 2024
You have not indicated specifically what documents were signed, but unless a court order specifically prohibited the person from doing so, it is doubtful the person acted in contempt of court. With certain exceptions, a person who is not a Florida resident cannot be the personal representative... View More
The stepfather and mother of stepchild divorced decades ago. The once stepfather passed away and left the once stepdaughter executor of a Florida will. The once stepdaughter lives in California. Can she still be the executor of the will?
answered on Jan 6, 2024
You will have to provide more details and information and speak with a Florida Probate Attorney in order to get a more detailed answer based on your precise circumstances. If the stepdaughter was adopted this will resolve the issue. Generally, it is difficult for a non-resident of Florida to... View More
Seems like a conflict of interest.
answered on Jan 6, 2024
An Executor (called Personal Representative in Florida), is entitled to 3% of the estate value for their role, if they are a real estate agent and it is agreed that they get 3% in that role, that would likely be fine as well. The real issue is that the property may or may not be qualified as part... View More
Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle, who died and left his home and property to his brothers children, myself and my two sisters name is on the home because my mother who is now deceased was and heir(one of his nieces),... View More
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answered on Jan 5, 2024
A list of legal aid providers can be found here: https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Self-Help-Information/Legal-Aid. If you are in Orange County, you are served by Community Legal Services of Mid-Florida, Inc.
I an a named heir (beneficiary) in will and listed as beneficiary on inherited property original deed. I have been paying my portion of property taxes every year. Another heir (beneficiary) removed one of the co-administrators (heir also) and replaced with themselves co-administrator without... View More
answered on Dec 7, 2023
You recourse is to retain a probate attorney to review all the filings and determine your next steps.
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
I am very sorry for your loss on the passing of your grandmother, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is generally no, if there are no assets in your grandmother's name alone, then no probate will be necessary,... View More
PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More
My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work
answered on Nov 30, 2023
I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More
I've been seeing things surface recently of people buying houses using a 1099a form and having a trustee hold the assets that are dispatched by the treasury department. Is it possible to sell my house to a trust that we make jointly, file a 1099a and have the treasury department as the lender,... View More
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answered on Dec 3, 2023
In order to comprehend your intention and decide if this strategy is suitatble for you, it is importatn to gather more information. Trust is a powerful tool for protecting assets and deferring taxes. However, this is a complex legal matter that should not be pursued without professional assistance.... View More
This is what she texted , saber que cantidad tiene en El banco yo Tengo Toda information del banco pero no me quiere dar information SI
no por abogado. La propiedad a nombre de quin esta y pasarla a nombre mia yo Tengo Toda information.
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answered on Dec 3, 2023
Your mother can ask her deceased brother's relatives if the brother has an existing Will or Trust. If the family members refuse to share this information, it would be advisable for your mother to seek legal assistance. A lawyer can help verify the existence of a Will or Trust, determine if any... View More
I am trying to transfer and register the car over to myself. I would like to know how I go about that.
answered on Nov 24, 2023
I’m sorry for your loss
The Power of attorney is no longer in effect upon your Father’s death
However, if he left a Tangible personal property list giving you the car or bequeath the car to you in his will you can get the car titled in you name
A Tag agency with that... View More
Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.
I need to file a petition to transfer the property to my name.
The joint property looks like I don’t need to do anything until I sell it
answered on Nov 22, 2023
I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More
Last year my daughter's father suddenly passed away. She inherited his home as well as a small mortgage.
Being the mother of the child I have been appointed as her legal guardian. The property has been put in her name and this is causing a ton of problems, for example most insurances... View More
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answered on Dec 3, 2023
I'm unsure if you have already consulted with an attorney as of now. If you haven't, it is crucial that you promptly get in touch with a lawyer to receive guidance throughout this complex procedure. Moreover, the lawyer can provide assistance regarding any possible tax consequences. It is... View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
answered on Nov 11, 2023
If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which... View More
As one slowly recovers from hard economic times (including the filing of a CH7 bankruptcy), which was discharged in 2019, one's personal credit history often takes much longer to recover. Things stay on their credit record long after the person has been declared "debt free,"... View More
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answered on Oct 30, 2023
There is such a thing as a self-settled spendthrift or asset protection trust, but many states do not allow them. Also, typically the settlor (you) cannot also serve as trustee of the trust. In other words, you would not have signature authority over the assets that you put in the trust. And,... View More
In the next couple of months, I expect to receive 3-4 checks of varying amounts between $2k and 4$, all totaling around $12k. Some are IRS refunds, some are prorated insurance premium refunds and some are sold stock shares. I have a will naming me as the executor, the death certificate and will... View More
answered on Oct 27, 2023
This is always a problem with banking institutions and similar institutions, and this is a lesson learned via trial and error by the attorney handling the probate and filing the summary administration. The Attorney will likely have to write a separate letter on letterhead explaining the Summary... View More
We received a notice that my mom’s will could not be approved because, “A witness to the will has the same last name as the notary. If the relationship is one enumerated in Fla. Stat. 117.107 (11), the will is not self -proving. Fla. Stat. §§732.502, 733.201(1), 732.503; Fla. Prob. R. 5.210,... View More
answered on Oct 25, 2023
It appears that your mother's will is valid but it is not self-proving. The issue is not that the witness was or was not related to your mother. The issue is that the witness was related to the notary. The Florida Notary statute clearly states that a notary cannot notarize the signature of a... View More
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
You will want to speak with a Florida Estate Planning Attorney and they can help you organize your estate and this home based on your intentions with your spouse, whether you were previously married and had children, whether you kept property separate, whether this is your Homestead, whether you... View More
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