My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More 
answered on Feb 5, 2024
I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More
The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More
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answered on Feb 2, 2024
In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More
My father recently passed away. He was hospitalized for one year, and his health insurance was not able to cover all of the medical costs. Now, my mother is faced with more than $30,000 in medical bills which she is unable to pay. Is mother responsible for paying my deceased father’s medical... View More
answered on Feb 2, 2024
I am very sorry for your loss on the passing of your dad, please accept my condolences. The answer to your question is generally "No", you will want to contact and speak with a Florida Probate Attorney as well. As long as your mom did not sign anything and obligate herself to the medical... View More
I was named the PR/executor in deceased's will. Will was submitted to the court. Formal probate was initiated, but then before I was named PR, it was converted to summary administration (there is no court-appointed PR in summary administration) because the only asset needing probate was the... View More
answered on Feb 1, 2024
I often have this conversation with clients after summary administration. In your situation, your last opportunity for reimbursement of estate related and real estate related expenses is at the time of the real estate closing. You are going to want to provide proof of payment of these expenses to... View More
I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More
answered on Jan 29, 2024
You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More
The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?
answered on Jan 26, 2024
Based on the assets you described, you will most likely need to file for formal administration in the county where your father resided when he died. You will need to inform the heirs and creditors of the estate, create an inventory, pay any outstanding debts owed, and then request an order for... View More
The elective inclusion of “Heirs,”included in sale and assignment forever:
1. What type of ownership does this deed provide and to whom?
2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??
3. If this... View More
answered on Jan 26, 2024
1. Title is in the grantee (the "single childless man").
2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he... View More
Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?
answered on Jan 23, 2024
I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More
His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?
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answered on Jan 21, 2024
I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More
$1436.89 in Checking/Savings account(s)
$1160.76 - 3 insurance refund checks payable to my mother.
$10000.00 possible unclaimed death benefit from my stepfathers passing in 2013, payable to the Estate of my mother.
I believe all debts have been settled or discharged.... View More
answered on Jan 19, 2024
Florida Probate Rules require an attorney to handle probate matters for formal administration (see Probate Rule 5.030(a)). For smaller estates including summary administration or disposition without administration - when there is no personal representative - no attorney is required. However,... View More
The deceased passed away in October of 2023 as of today no probate has been established nor has the will been filed with the clerk of courts in the county decedent lived in.
answered on Jan 17, 2024
I am sorry for your struggles, in accordance with Florida Statutes, a Will must be submitted to the clerk of the court in the county where the person was a resident within 10 days of passing (hardly anyone ever does this for a variety of reasons, but it is the law). In Florida the Executor is... View More
2-3 months at times between responding parties (other 2 parties each with own attys - 3 parties total) communications and status updates. When I inquire ... "I'll let you know when I hear something." 3rd petition for extension has to be filed, again.
answered on Jan 15, 2024
Until and unless another Probate Attorney can review the status of things and what possibly the holdup is after 2 years, it is hard to say. If you are not happy with your attorney, then consideration of a new one would possibly be in order, but that would be extra cost to you for time and review... View More
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
She has abandoned this home. What can we do. It's in her name only. In Tallahassee fl. 2011 last time she was there. House vacant.
answered on Jan 10, 2024
You should have the probate order and deed reviewed, but if she was given the home for life or entirely via deed and does not want the property, then she can or should potentially deed the property to you via some deed. In addition, you need to make sure that any mortgage is being paid, property... View More
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.
Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More
answered on Jan 2, 2024
If he left the property to you in his last will and testament, you don't need additional notarized document to that effect., because the will itself should have been notarized. A will doesn't take effect automatically; you should talk to an attorney about applying to the courts to have... View More
I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More
answered on Dec 29, 2023
I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to... View More
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