My dad passed away and we have started the probate process. The only "asset" my dad had was a mortgage made out to my brother. My brother never made a single payment. Now he says he has an affidavit signed by my dad a year before he died statting that my brother paid the mortgage and releases title... Read more »
Buy a house. Lended the money as a form of a mortgage. My dad was the mortgagee and my brother the mortgagor. The mortgage was recorded and it was prepared by an attorney. Unfortunately my brother never made a single payment to my dad. My dad passed away last year. We have started the probate... Read more »
The house is located in Broward county FL. I don't know where the last will and testament is or in whos possession. My uncle tried to transfer the house to his name stating that he was left as the executor of the last will and testament, but he filed a petition in court stating she the deceased... Read more »
If the owner has passed away you will need to open a probate proceeding in Broward County and have the Judge determine who is the owner of the house. The person who is appointed personal representative under the will should hire a probate attorney to assist them to do this. The attorney will also...Read more »
She hid it from him for 2 years, we think she spent most of the money (her and her husband buy huge houses, expensive trips) and I am now pregnant with his child and she’s now refusing to give him any money. She would give my boyfriend a couple thousand to help when he was struggling with rent.... Read more »
A trustee has a fiduciary obligation to protect the assets of a trust for their intended purpose. Normally the remainder beneficiaries, by statute should have copy of the trust and be provided with an annual accounting. If this has been done you should seek an attorney in your area that does...Read more »
When the step daughter "accepted" the deed she accepted responsibility to pay the mortgages associated with the property. In the meantime if no one pays the mortgages eventually there will be a mortgage foreclosure, so if the step daughter is not paying the mortgages the property should probably...Read more »
Are you asking whether one has to be a licensed attorney in order to draft such a document? No, I don't believe so unless the person is paid to do so, in which case it may constitute the unauthorized practice of law.
I'm not sure what you mean by a "cross board trust". My best guess...Read more »
No, not at all. When the ward dies, his or her estate is distributed according to the terms of the decedent's will or trust or both, depending on what kind of estate planning he or she had done. If in this case your ward placed his or her assets in a trust previously, and the trust provides for...Read more »
What does this have to do with Florida? Is the property in Florida? If so, someone would have to be appointed by a Florida court as personal representative. If the "declaration of heirs" constitutes a will according to Florida law (without regard to where it was executed), and the decedent was a...Read more »
The property would need to go through probate, anything you paid related to the property would be credited to your share, you would be entitled to your share plus all you paid into the property, so if you have records and receipts of all that you paid then your share would be increased by that sum...Read more »
Come and get his 50% of the belongings out of the house. It has been 5 months. I am taking the house bills out of my mother's trust checking account until he allows me to remove the belongings from the house. Is this OK for me to do?
I assume you and your brother are co-trustees. If you don't understand whether the trust allows you to pay the "house bills", you had better consult with an attorney; because it would depend upon the terms of the trust.
It sounds like the ALF wants the financial information either to confirm that he is able to pay privately or to determine whether he will be eligible for Medicaid. Either way, you should schedule a consultation with an elder law attorney in your area to discuss Medicaid planning. The folks at the...Read more »
My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... Read more »
Medicaid pre-planning is a legitimate technique for protecting assets for the next generation. However, whether your brother can actually do this on behalf of your grandfather depends on the terms of the power of attorney (POA). Some POAs authorize this, and some do not. So that is the first...Read more »
My Father passed away in Florida. Most of the items were placed in a trust in which I am a trustee of. One of the items that we found in the Trust name was a 35% share in an active Florida LLC. We have no idea what this asset is worth. We have tried to contact the registered agent and the... Read more »
Attorneys are not qualified to give opinions of value but an attorney might be able to help you pursue a claim for your mother’s interest in the LLC. You might need to hire an attorney to sue the LLC for an accounting and to subpoena records that might help a business appraiser determine value....Read more »
I'm sorry for your loss. Each county varies how long it takes the court to review the initial pleadings and appoint a personal representative. With the personal representative and the beneficiary being one and the same person, there will not be anyone else to give notice to, so once you have hired...Read more »
I was told by care facility Mother was declared incompetent and could not make decisions. I received a copy of her will January last year, but not copy of Trust instrument. Contents of Mother's house was disbursed, and to date, older sibling has not provided any accounting of bank statements,... Read more »
POA died with your mother. Nothing should have been distributed if no estate has been opened. You can check website of your court clerk to see whether an estate has been opened by your sibling. If an estate has been opened your attorney should have received all the documentation you have been...Read more »
Their surplus funds $33,000 vehicles $28000 and a $25000 inheritance to be accounted for. I've been in the dark and told that I was not allowed to find out anything and so probate was over and we have never talked to this guy nobody knows him in now we're homeless because the house got foreclosed... Read more »
After the fact is the wrong time to start this. First, at least in Florida a non relative cannot be a personal representative if they live outside the state. Second a probate proceeding is a court proceeding and any irregularities should have been brought to the Judge's attention that is why the...Read more »
I’m in WI, she lived in Florida. What is my next step? She does have a will that’s in her safety deposit now, I can’t access since she has now passed. How do I get appointed by FL to handle my grandmothers affairs? Any advice will be much appreciated, I have no idea what to do. I am my... Read more »
Assuming that she left significant property that needs to pass pursuant to the will, you will need to hire an attorney and apply to the court in Florida to probate the will and appoint a personal representative. There are procedures to get access to the will.
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