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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
We’re currently going through probate and she’s demanding that I hand over half of the money I got from my utilities deposit checks even though she wasn’t a member of this house hold. The first check was made out to me, and the second was made out to both me and our father. Please note that... View More
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answered on Sep 2, 2024
You generally don't have to give your sister money from the utility deposit checks, especially if she wasn't part of the household. Since the first check was made out to you, it's yours. The second check, made out to you and your father, might be considered part of his estate, so it... View More
I just want some advice as to what my rights are
answered on Sep 2, 2024
If the items in question belong to you personally, your stepfather should not withhold them from you.
You have the right to request the immediate return of your personal property. For items that belonged to your mother and were family heirlooms, the distribution depends on whether she left... View More
My sister, her children and their father live in the home that our mother (deceased) owned. My sister wants our brother and I to pay 1/3 of the mortgage even though we don’t live there. She also wants us to be equally responsible for any and all repairs. What is fair in this situation? Should we... View More
answered on Aug 30, 2024
The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More
Thank you for reading my question. What happens when a mortgagee has passed? Is the mortgage paperwork redone so the beneficiary of the property becomes mortgagee, or can it be left as is, with the original mortgagee? Thank you for any advice.
answered on Aug 19, 2024
The death of the mortgagee doesn't really make any difference to the holder of the mortgage. As long as the payments are made on time, there should be no problem. If the mortgage note is not paid on time, the holder of the mortgage can foreclose.
Thank you for reading my question. My father passed recently. His lawyer and I are both trustees for his Trust. I need to transfer his house into my name. Lawyer 1 is suggesting only I should sign the warranty deed. Lawyer 2 is stating we both have to sign, since we are both trustees. I appreciate... View More
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answered on Aug 19, 2024
Read the Trust declaration as amended for requirements of transferring trust corpus. Probably best to have all Trustees execute the Deed. Hopefully the Deed to the Trustees gives them the power to convey without explanation. If not, the title may be clouded later.
answered on Aug 2, 2024
Generally, an "estate attorney" represents the personal representative. So, if the PR has been removed, the attorney's client is no longer a party to the case, assuming the former PR is not also an heir. If that assumption is incorrect, the attorney would still represent the former PR.
I have a simple will that was signed by myself and two witnesses that are not in the will. I did not get this notarized
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answered on Jul 18, 2024
No, there is no legal requirement that a will be notarized; however it is good to have a will notarized in what is called a self proving affidavit so that one of the witnesses does not need to be called when you die and the estate is probated. Nevertheless, the will is good as is.
My brother and I decided to go to probate together. But I am noticing that it seems the attorney is only representing him and not both of us since they sent me a waiver that seems to place everything in his hands. Our mother didn't want to leave him anything. She wanted to leave me what she... View More
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answered on Jul 18, 2024
The attorney cannot represent you and your brother together unless you both sign a waiver waiving any conflict of interests. Although you seem to say that you and your brother decided to enter the probate together, it seems that he is being appointed personal representative and the attorney is... View More
Can the lawyer that organized a Trust, also help the family with Trust Administration years later after the Grantor has passed, or is it necessary to have a different lawyer for the Trust Administration. Thank you for considering my question.
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answered on Jul 18, 2024
It can be the same lawyer who drafted the trust or another lawyer. There is no legal requirement that it has to be the same lawyer.
The notice states: "You are hearby notified that the court entered the following: Certificate of Death and it has a Judge/Clerk note that reads "Court reviews notification of the death of the protectee. Conservator shall file final settlement within 90 days of the date of death of the... View More
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answered on Jul 16, 2024
Hire a MO attorney to check the out the Conservatorship Court File, especially the Final Settlement. Probate may be needed now. You may or may not be a potential beneficiary of her Estate.
Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida
answered on Jun 8, 2024
Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:
Duties of the Personal Representative
Fiduciary Duty:
The personal representative has a fiduciary duty to act... View More
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 26, 2024
If the document is not witnessed and notarized, it will not be recognized as a will in Florida. Strict compliance with the law regarding wills is necessary for the document to be enforceable as a will.
Schedule a free consultation to make sure your father's estate plan is formalized... View More
We live in Florida. The previous will was made 40 years ago and he did not read or understand it. The second will is fair to his children. I greatly appreciate your advice.
answered on May 27, 2024
I am very sorry for father's illness and his health struggles ongoing. There will be a serious issue with such a Will in Florida, it will not be a valid Will as it does not meet the Florida Statutory requirements of F.S. 732.502 (you can look it up online), what you have described without any... View More
answered on May 16, 2024
She should definitely speak with and work close with an estate planning attorney, the answer to your question is maybe/it depends. If your aunt has mental capacity according to her doctor and has times of mental lucidity/comprehension and understanding of what she is doing, then it potentially will... View More
She cannot afford the prices that most seem to charge in her area. $1000.00 up to $8000.00. Any pro bono help or less expensive assistance would be appreciated. She lives in Columbia County, but can travel to Gainesville if need be.
answered on May 14, 2024
Some law offices will work with her based on her circumstances and needs, anyone quoting $8000 for a Will should be crossed off your list for everything forever. Reasonable law offices will try to work with you based on your needs financially and otherwise. I would encourage you to call and or... View More
She cannot afford the prices that most seem to charge in her area. $1000.00 up to $8000.00. Any pro bono help or less expensive assistance would be appreciated. She lives in Columbia County, but can travel to Gainesville if need be.
answered on May 14, 2024
If you think that her income is such that she may qualify for pro bono legal services, you can contact Three Rivers Legal Services to see if she does in fact qualify, and if so, they will find a pro bono attorney who would be willing to prepare a will for her. If not, she can call our office in... View More
However, her boyfriend lives with her and has made his intentions for the house known to me. Although he pays her rent every month, he does so in cash so no trace exists. What am I looking at here in the future? Will he have a claim to the house because he lives there?
answered on May 4, 2024
Since they are not married and he pays monthly rent to your Mom to rent part of the house as a tenant, it sounds like he is a month to month renter, since he is not married he has no rights, since he is not on the deed he has no rights. The house should pass to you via the deed (this needs to be... View More
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