She told everyone before she died that it was going to be left to me but the property is in her name how do I go about switching it in my name and make the payments where she left off and how would I go about getting power of attorney to handle her legal paperwork?
Very sorry for your loss and the passing of your sister, please accept my condolences. You will need to contact a Florida Probate Attorney. There is no power of attorney after death as any power of attorney ends at death. If there is no Will, then the Florida Intestate Statutes (without a will)...Read more »
I hadn't spoken to my husband for 8 months when he died 5yrs ago & his sister voluntarily paid his funeral bill w/o asking me for reimbursement tho she asked me to sign consent for cremation as next of kin. No probate was filed; I didn't think he had anything to his name. I recently found out that... Read more »
Yes, there is a statute of limitations; it's four years assuming there is no written agreement. But the sentence "Or my agreement that I repay her?" raises a question; was there such an agreement? If not, you probably would not be obligated on the original claim anyway; you were not legally...Read more »
If the father decided to split the money equally between his surviving children that was his decision to make. And sine the money given to his children was a gift, there is nothing anyone can do about it. However, just in case the father made a mistake I would advise the children of the sibling who...Read more »
He & aunt beneficiaries. No named alternates. Opened estate for my husband but now being told by probate attorney (in MD) that it's in question as to whether his share will go to his estate. Attorney said she'd never seen a will written w/o alternates (really?) so she turned over to another... Read more »
The fact that you mother in law’s estate hadn’t closed by the time your husband died has no bearing. The real question is whether your husband outlived whatever survivorship period applies either by law or in your mother in law’s will. March to August is five months which is far longer than...Read more »
My mom passed 2 years ago intestate,my dad was named personal representative but passed before probate was complete. My sister coerced (possible elder abuse) my father to sign a will while he was in ICU under the influence of morphine and other meds leaving everything to her. There are 5 siblings.... Read more »
Homestead issues are very complicated. Theoretically the homestead does not go into the estate it descends per the statute you indicated, however a court order is necessary to apply this statute, it is not automatic. There would need to be a petition to determine homestead in your mother's estate...Read more »
This question would be best answered by a Florida estate attorney and is referring to my mom and her now deceased husband who were both on their second marriage and both had children from a previous marriage. When he died he made a list of almost all the household furnishings stating those... Read more »
That's the purpose of a will, to leave assets to people of your choosing that would not necessarily be entitled to those assets if there was not a will. If the furnishings are in a house where your mother resides there might be some question of ownership only by your father. If the assets were...Read more »
Normally assets of an estate would be deposited in a depository account that would mean a court order would be required for distribution of assets from the account. Normally estate assets are not deposited in a time account such as a CD which might prevent access to those assets without penalty...Read more »
Your question is vague as to what you mean by "is passing down" the property. Is she living and wishes to make an estate plan for passing of her property after death? Is she living and wants to convey it to you right now? Is she dead and arranged for it to pass to you in a Will, Trust, or Deed?...Read more »
More facts are needed about the way your brother owns the property and the conditions under which you have the right of possession to answer this, as well as whether an estate for your brother is currently pending.
I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.
You need to contact an experienced elder law attorney who can explain your options to you. If your mom's home is her homestead, and she is now in need of skilled nursing and may qualify for Medicaid, please take the following into consideration:
Homestead is not a countable asset; it is...Read more »
Very sorry for your loss and the passing of your father, please accept my condolences. Your mother will not have to refinance the property, there are substantial protections in place as it relates to homestead rights and spousal rights and protections under the Garn St. Germain Depository Act as...Read more »
Hello I live in Florida and my father passed away in 2012. He was married to my step mother and they had a child together and he also had a child from another relationship so 3 children 3 different relationships. I was never named as a party in the probate case and didnt get any inheritence... Read more »
I'm sorry for your loss and I'm sure you are looking for closure. Your inheritance would depend upon whether there was a Will and the nature of the assets left. Most assets are transferred outside of probate if the accounts are properly designated and titled. It's possible there was no probate....Read more »
The co-trustee for my father's estate decided at the last minute to deduct $100,000 from the final distribution to the beneficaries, for her trustee fee. Is this allowed? Are there any cases that you can refer me to?
Yes trustee's fees have to be contained within a final accounting, and there should not be distribution until all beneficiaries have seen the accounting and approved the accounting. Beneficiaries can also object to the accounting, particularly such a last minute large fee. Trusts in Florida are...Read more »
This is definitely a tricky planning area. The starting point for this type of question typically is whether the money would pass through a will, trust, IRA, joint bank account, etc. A trust may be best to handle this situation depending on the state law where you are domiciled at death. You...Read more »
I have enough funds to pay my bills for a few years and would rather not go through probate or contact his son whom he hasn’t seen in 20 years. I am sure he does not even know he died. The estate is worth over the 75k max for simplified probate .
The filing fee for the procedure is $232 per the clerk's website, but if there are no assets why would you need to file this procedure. Opening any type of estate would be to have authority to sell or distribute assets, if there are none you do not need to open an estate.
Okay so to fill this out completely. My grandmother had her will devised that the assets would be shared between her three children. My two uncles and my father. My father had passed before my grandmother did so the assets would be split between his children. Me and my siblings. The main source of... Read more »
You should have seen an attorney long before assets were sold. Normally someone has to be appointed personal representative to accumulate and distribute the assets. If the house was in your grandmother's name only there should have been some court order allowing the sale or determining heirs...Read more »
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