Get free answers to your Probate legal questions from lawyers in your area.
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
No, they should and would not unless the probate has been converted to a Formal Probate, otherwise it is a Summary Administration and the person is deemed the Petitioner (with less authority and less power). The paperwork and or the order from the judge should be quite clear on this and if not, you... View More
Judge said will not properly executed (no proper date and no witnesses). Money is in his checking account. Was told that after two years I can file as if he died intestate and I can claim the money. Is this correct?
answered on Oct 24, 2023
I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. No, what you are being told is only partially correct, you can file a probate right away with the help of a Florida Probate Attorney. Since there is no valid Will, then the Florida... View More
Checking account that has a different person as beneficiary
answered on Oct 18, 2023
The wife may be entitled to an elective share of the checking account even if it had a payable on death beneficiary other than the wife. The elective share amount is 30% of the value of the asset.
Drug charge is 12 years old. Adjudication withheld, NOT A CONVICTED FELON. Applied for and granted a CONCEALED CARRY PERMIT 1 year ago from state of Florida.
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answered on Oct 13, 2023
Yes, a person with a drug charge adjudication withheld can be a personal representative of a probate estate in Florida. There is no specific law that prohibits it. However, the probate judge may consider the person's criminal history when making a decision about whether to appoint them as the... View More
answered on Oct 10, 2023
Generally, it depends on what your relationship is to the deceased and what type of the property it is (homestead, etc.). If a probate is done you may be able to take over the mortgage based on Federal Law, otherwise the property will need to be refinanced or sold and potentially go through... View More
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
answered on Sep 28, 2023
If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More
I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More
answered on Sep 28, 2023
It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More
I was working with an investment agency who turned out to be a bunch of crooks to try to sell the home in my parents estate. I suspect he photo copied my signature off the contract, which is filled with manipulative verbiag, to use on several petitions to the court to change the address for all... View More
answered on Sep 27, 2023
The first step would be to consult with attorneys.
The next steps are likely to petition the Court. Thereafter, it would be to initiate a lawsuit against the fraudsters.
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
Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More
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
You need to retain an attorney and file a counter petition for administration and your oath, or the judge is most likely going to appoint the person who has petitioned.
One of the requirements is a certified copy of legal probate documentation, dated within the past year, that reflects you are the legal heir or current representative for the estate of the deceased owner. My parents think that this is a scam. I know that it is not. We currently live in the same... View More
answered on Sep 6, 2023
You would need and want to speak with a Florida Probate Attorney and they could advise you on the type of probate that would be applicable and necessary. Whether you are a beneficiary would have to be determined, was there a Will/Trust a surviving spouse and so forth, you are pretty far down the... View More
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
answered on Sep 4, 2023
Sounds like you haven't contacted the insurer to address the problem. Why not? The sole fact that your mother died should not be a reason for the insurer to cancel the policy. If there were some misrepresentation or faked signature in the initial application or renewal process, and that... View More
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answered on Aug 29, 2023
In Florida, it's generally necessary to disclose mortgage liens during probate proceedings. Mortgage liens are considered part of the deceased person's liabilities, and creditors, including mortgage lenders, have a right to make claims against the estate to recover the outstanding debt.... View More
I have spent the last 12 days - all day long - contacting every probate attorney in the area. The regular probate attorneys say I need a litigation attorney but the litigation attorneys say any attorney can do it in a few minutes and it is not a litigation issue. I am running out of time and... View More
answered on Aug 24, 2023
Filing an objection means that you are contesting something about this estate, and may probate attorneys including myself do not handle adversarial matters. For that reason, yes, you would need to retain someone who either is willing to handle an adversarial estate or handles probate litigation. If... View More
answered on Aug 23, 2023
You likely need to check with the clerk of the court in the county where the probate took place and or you will need to work with a Florida Probate Attorney in order to draft these and or any other documents that may need to be filed related to probate matters.
My mother recently passed, I had I believe 50% tenant in common ownership our home for about 6 years & resided as my primary residence there for 40, the property was solely hers for 30 some years with Homestead exemption before I was added to added . Upon her passing I inherited the remainder... View More
answered on Aug 22, 2023
This is a question for the real estate attorney you have representing you in the transaction. Anyone buying or selling real estate needs to have one because so many things could go wrong, including title issues, tax issues, undiscovered liens, boundary issues, etc., etc.. While I am sure you are... View More
My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More
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answered on Aug 21, 2023
It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.
I was the full-time sole caregiver for my parent in hospice for almost 2 years. During that time, they said they wanted to move money from POD accounts (with 2 equal beneficiaries) into a joint account I shared with the parent. They said it wasn't fair that I was single-handedly saving... View More
answered on Aug 17, 2023
The burden of proof falls on the accusing party but they only have to prove that by a margin greater than 50%, in other words, that it was more likely than not that the funds were wrongfully taken. If there are no witnesses and no written communications memorializing your parent's desire to... View More
My late brother resided in Florida and had his will prepared there (Orlando), and also he has a property in Puerto Rico. His widow had submitted thru her lawyer all the required documents to the property registrar's office, but they kept rejecting it, alleging that the will must be submitted... View More
answered on Aug 16, 2023
What the property registrar's office told you is correct. A probate petition must first be filed in the state of the testator's residence, in this case Florida.
Parent died several months ago. One of two beneficiaries live overseas, the other (named executor in will which was filed with the court) is working on getting house and contents of house disposed of and ready for sale. Beneficiary had taken care of all requirements and has been keeping overseas... View More
answered on Aug 11, 2023
You would need to hire an attorney and file a counter petition within the answer period. Then the Court will set a hearing.
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