Great question! To ensure your home does not go through probate after your passing, there are a couple of effective options available to you. At Hadeed Legal, we often recommend two approaches for situations like this:

Create a Trust: One of the best ways to avoid probate is to set up a... View More

At times you can find this document on the clerk of the court website in the county where the probate is being done in the probate division online or from the clerk of the court, sometimes. If you are doing a probate that needs and requires this, then you likely should be using an attorney for the... View More

If there is some written documentation regarding the arrangement you and your brother agreed to, it is possible that you can keep the house. The written agreement can be in text messages, emails, or any other form of writing. Without that, your brother's children will inherit his 50% of the... View More

The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.

If the Judge put everything in your name then nothing needs to go into an estate account.

I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time.

If there are no assets in your mother's name alone then it is unlikely that any type of probate will be necessary, as long as you are sure... View More

You will likely need to file a claim against your ex-husband's estate in probate court to collect the remaining pension benefits. You can do this by contacting the Probate Court, submitting a claim within the statutory period allowed for creditors after the estate is opened, and providing... View More

Assuming the mother was a resident of Florida when she died, a Florida probate case probably must first be filed. He, of course, would need an attorney licensed to practice law in Florida.

What is your question?

If your brother was appointed as personal representative in a probate case, you could, obviously, sue him for your share. If your brother wasn't so appointed, you could institute a probate action, and demand that the purchaser, and/or the title insurance... View More

If your parents are deceased and this is in Florida then the Will must be submitted to the clerk of the court in the county where they lived within 10 days of death per Florida Statute (nobody holds you to that deadline), but the Will must be submitted, you can then get a copy of it from the clerk.... View More

The will should have the signatures of witnesses and of a notary public. You can ask those people what they recall. The notary may have a journal in which the details of the notarization might be recorded. If you want to dispute the will in court, your attorney may well want to take depositions... View More

Since it is an invalid deed, nothing was conveyed, it is likely that some version of probate is going to be required in order to transfer the property. You will need to speak with and work with a probate attorney. If the error is somewhat minimal or can be attributed to being a scrivener's... View More

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answered on Dec 18, 2024

Hire a FL attorney to at least examine the proffered Will for proper execution and terms. Many computer wills are insufficient and rarely executed properly. If the document is not a proper will then someone needs to file a Will Contest, which is expensive.

You likely cannot, unless they willingly sign a new deed and agree to a new deed giving you more or all of the rights related to the property you are stuck with them short of selling, refinancing and one party buying the other out or a forced partition (forced sale), you should try to reach some... View More

No, a probate would need to be opened or re-opened and all matters formally addressed through the probate and or per the previous petitions and signed orders that followed. Generally, if the probate was closed it would need to be opened again, you will need to speak with and or secure a Florida... View More

The two heirs of the single woman inherit her 50% of the property. The three heirs of the single man inherit his 50% of the property. Probate will be required for the man and woman for their heirs to take their portions of the property. The previous attorney was probably referring to the tax basis... View More

Child support services cannot take your portion of the inheritance. If it is not too late, your brother can renounce his portion of the inheritance leaving you as the only owner of the property. In that case, child support services would have nothing to go after. A renunciation needs to be filed... View More

You can call the Clerk 's office and ask.