There is no concept of apparent authority for a POA unless there are documents indicating the person that is giving the authority is incapacitated and has indicated previously prior to incapacity that they wanted someone else to handle their affairs.
Like it was their own stuff now I've been here for 7 years living in this house though we were never married do they have a legal right to come in this house when there is no last will or a will written out saying that the house belongs to them? Or do I get the house?
I hate to be the bearer of bad news, but if your fiancé had no will, then you did not inherit anything. Your fiancé‘s children most likely are the sole heirs of everything she owned. That said, they most certainly do not have the right to barge in and start taking things until the court has...Read more »
The Florida Intestate Statute will help you determine who are the heirs. If the son survived the decedent and then died, and the son was the mother's only heir, then the son's estate is the heir of the mother's estate. You would then be asking the question, who is the son's...Read more »
homestead exemption going.. ? she hired a lawyer for his estate & THEY SAID no one can rent or live there. because it , would not meet medicare restrictions , she would not recieve payments for her daddys care in the facility ?... IS THIS TRUE OR FALSE ?
It is true that her father would lose his homestead exemption and the value of his home would then be a countable asset for Medicaid purposes (not Medicare) and be subject to claims after his death if the home is rented to an unrelated third party. A child or grandchild can reside in the home and...Read more »
In Florida, all assets belonging to the estate of a decedent (ie. titled in the name of the decedent) will typically undergo probate administration. A last will admitted to probate is used to determine the beneficiaries of the estate. A last will does not avoid probate. On the other hand, for...Read more »
My Brother in Law passed and my mother in law is taking care of everything, he left a simple will which we filed with the courts stating everything goes to her, She is currently trying to get access to his bank account but the bank is saying the will doesn't state his finances the Bank says we... Read more »
Most probate matters in Florida will require a Florida Probate Attorney. The bank will not let you access those monies until some version of probate is completed if your in-law was not on account or not named as the pay on death beneficiary. Since the estate may be small enough, you may be able too...Read more »
The house if she gets a probate lawyer to change it over to her name and it there a flat fee for this service, or what would she pay, we spoke to a lawyer who’s asking for $700 as a retainer and $4100 once the property is sold
The trust in question was set up by my wife who was found to be incompetent by two physicians and replaced by the Successor Trustee. I am a beneficiary of the Trust. The successor Trustee says that she need not provide an accounting unless my wife predeceases me. Is she correct?
I think that it would depend on if you could make a credible argument that the trust has become irrevocable due to the incapacity of the grantor and thus you are now a qualified beneficiary who has a right to an annual accounting even though the grantor is still living. I would recommend that you...Read more »
In Florida, what is called an executor elsewhere is called a "personal representative". If the PRs submitted a petition in court to "probate" your father's estate, you would file a motion in that court. You would need an attorney.
Probably not if the property is Homestead Property. A surviving spouse has rights to a Homestead Property unless a prenuptial or postnuptial agreement is signed. As a general rule, a parent is able to leave their assets including a home to whomever they wish as long as there is no surviving spouse...Read more »
The Bank should have a form specifically that addresses this or you can write that these are specifically JTWRS accounts or you can do a beneficiary designation or if husband and wife Tenants by the Entirety account would work. Usually if you speak with the banker they can help you with this at the...Read more »
While estate planning is and would be helpful for a number of other reasons besides bypassing probate (Durable Power of Attorney, Living Will, Will and or Trust, Florida Healthcare Surrogate, HIPAA Waiver, Nomination of Guardian, Final Disposition and so forth) and would allow you to make decisions...Read more »
My stepmother passed in 2007. House was not paid off at the time, and her son was in prison. In 2020 he was released from prison and now wants half the house. Is this possible in SC. I know heirs get half and they split that but the other 3 heirs do not want the house or anything to do with it... Read more »
Chances are that their estate and their heirs would be subject to Puerto Rican estate taxes and / or inheritance taxes, as well as to US federal taxes. But to be sure you should ask this in Justia > Ask a Lawyer > Puerto Rico; what does it have to do with Florida?
I would encourage you to contact a Florida Probate Attorney as they will be able to help you and help you determine what needs to be done and the type of probate, if any, that needs to be done. An Affidavit of Heirs often needs to be done if there is no Will and an Intestate (without a Will)...Read more »
Yes, if probate is complete then you can pursue a potential partition action (avoid it if you can) but you should try to reach reasonable resolution and agreement first. Probate should determine who owns what and then siblings buy out one another with refinance or other options, if nothing works...Read more »
This forum is for questions of a general nature. Your question "what to do" solicits advice regarding your particular situation. No attorney can give you advice about what to do without reviewing the trust and also asking a lot of questions about your particular circumstances. You need...Read more »
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