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.

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. Some version of Florida Probate is going to be required if the property remains in your mom's name, if a probate was done in Indiana then a secondary Ancillary Probate will likely... View More

As you have explained it, the funds belong to your mother, so they should be part of her estate. However, a review of the lease could change the answer to your questions. For instance, if you were on the lease or there was an assignment clause.

Unfortunately, the change to the will would need to have the formalities necessary to create a legally binding will - the maker is of sound mind, the will is written or typed, the will is signed by the maker, and two witnesses sign the will in the presence of the maker. During COVID, a new law was... View More

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answered on Nov 8, 2024

Yes... You need a FL attorney to file suit and file the suit as a Claim Against The Estate. The Fiduciary for the Estate is a named defendant. You need witnesses as the Dead Man Statute will rule inadmissible some otherwise evidence.

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The... View More

Yes, you will have to pay their fees and accumulated and fire them, the issue that arises is that you will also need to pay for the new attorney to get caught up and review matters and then work on progressing the probate onward from that point. You can always pay an attorney for a review and or... View More

You should be getting every single document that is filed ongoing from your probate attorney if you are the named Personal Representative in the Probate Case approved as such by the judge. If you are not being updated and getting documents there is indeed a problem, this is the job of your probate... View More