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My grandfather had a deed done to transfer a property to his trust. It was recorded after he passed and it now shows in error with the proprety appraiser because the description isnt complete. What would be the easiest way to get it fixed? My Mom is trustee and needs to close out the trust.
answered on Dec 19, 2024
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 
10% widow 90% personal representative from a bank account
answered on Dec 3, 2024
Florida’s elective share law provides a safety net for a surviving spouse who has been cut out of the deceased spouse’s will or left a very small portion of the estate.The elective share is a percentage of the deceased’s estate that the surviving spouse may claim, regardless of the terms of... View More
i would like to remove him ...can it be done?
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answered on Nov 22, 2024
Removing him from the deed will require his signatures. This is exactly why I advise my clients never to “add” children to their deeds. This is a classic do-it-yourself estate planning mistake that might conceivably cost you way more than you would have spent on proper estate planning. If your... View More
i would like to remove him ...can it be done?
answered on Dec 17, 2024
It depends. If you used an enhanced life estate deed or deed that was otherwise revocable, you may be able to remove him. If you simply signed a deed changing ownership to include him, you need his signature on a new deed to get the property in your name alone. Whatever you do, please hire an... View More
Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More
answered on Oct 22, 2024
You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More
I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More
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answered on Oct 18, 2024
Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More
I have two siblings and my sister died owning land. I want to sell it.
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answered on Oct 14, 2024
I am very sorry for your loss. If title to the property was in your sister's name alone, then a probate would be required in order to sell the property. If your sister was not married and did not leave minor children, then the property would pass to the beneficiaries under her will or to her... View More
I have two siblings and my sister died owning land. I want to sell it.
answered on Oct 14, 2024
Maybe, probably not. If the property is in your sister's name alone, then some version of probate will be required and for this you will need a probate attorney. Your starting point is to have the current deed reviewed to see if there are any survivorship interests or other joint ownership... View More
I have two siblings and my sister died owning land. I want to sell it.
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answered on Oct 13, 2024
Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More
answered on Oct 2, 2024
This is a question that would need to be answered by a Rhode Island attorney as it is the law of the jurisdiction where the testator resides at time of death that would be applied. As an example, Florida law states that a personal representative (executor) must either be related by blood or... View More
I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More
answered on Oct 2, 2024
If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.
If there are discovered assets or if further... View More
I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More
answered on Oct 2, 2024
If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... View More
We're removing PR and resending Letters of Administration due violations under 733.609. Beneficiaries are close blood related. One is permanently disabled. Is there a criminal code for defrauding - intentionally & knowingly, a disabled adult. Under 733.609 PR has violated every aspect of... View More
answered on Oct 1, 2024
The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More
A close family member has died. Only one person was named beneficiary of the estate. The beneficiary truly loved the family member that died and took care of that family member with good intentions for a long time. Other people in the family did nothing to help the grantor when he was very sick and... View More
answered on Sep 14, 2024
There is nothing the toxic family members can do, but if they keep it up, the person being slandered can consider getting a civil litigation attorney and filing suit against them for these behaviors, at best it may be to just ignore them if possible and hopefully they will tire, if not, then... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
If the payee of a mortgage dies, the mortgage is still enforceable. The personal representative of the estate has the right to collect the mortgage payments, foreclose on the mortgage, and otherwise take actions that they deceased would have been able to take until such times as the estate is... View More
If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More
answered on Sep 14, 2024
The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More
I have a very complicated situation involving probate. My mother passed and left everything to my father and then he passed and left everything to my brother and I. They passed so soon that money kept coming into the estate. Long story short, the probates were in two separate states, mo and fl,... View More
answered on Sep 12, 2024
Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney... View More
My mother died intestate leaving myself and my sister as the sole heirs. My sister,whom for the prior thirty years was estranged became the executer of her estate. She then somehow managed to get my mother's house retitled from my mother and deceased grandfather to now showing herself and my... View More
answered on Sep 10, 2024
Given the situation you're describing, here are some key points to consider:
Intestate Succession: Since your mother died without a will, her estate would typically be distributed according to Florida's intestate succession laws. If there's no surviving spouse, the estate... View More
My father passed in April ‘22. I’ve never been sure about what his will said, but the family deal was that we split proceeds x6. I suspect my stepmom changed her will to cut out my brother and I, dad’s only true blood. Stepmom passed this year, and I haven’t heard anything from anyone.... View More
answered on Sep 5, 2024
I am sorry for your loss and please accept my condolences for you and your family.
Generally, a family deal or promise or similar never works out, it has to be in the estate plan (Will/Trust/Pay on Death Designation or similar).
If there was a Will and probate with your Dad's... View More
I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.
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answered on Sep 2, 2024
Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.
i. Warranty Deed: Provides the highest level of protection,... View More
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