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Broward county FL. I see sales papers between grandma and developer 1973. Later in year, I see a deed JTRS between grandma, and then mom&dad, and aunt&uncle. 5 months later in 1973, I see 2 quitclaims from mom&dad to grandma, and another from aunt& uncle to grandma. Did they undo... View More 
answered on Oct 25, 2022
If this is not an essay question on a college undergraduate or law school exam, it should be.
If it is a (really complicated) real-life situation, get off the Internet and call a probate lawyer in the town where the property is located.
And is unable to be found( presumed dead) and the other also lives overseas but refuses to sign any documents?
answered on Oct 25, 2022
That is certainly not a simple question to answer and without more facts, I would be unable to do so with any certainty. I assume you have filed a probate action? I have handled both probate and guardianship cases and you always need a court order to sell an asset of the estate and if the property... View More
Can the mortgage and all paperwork be left as is until both parents are deceased? At that point, can the mortgage be paid off and everything changed over as long as it is amended to the will to do so?
answered on Oct 8, 2022
Generally, yes, while I would encourage you to speak directly with a Florida Estate Planning Attorney, the property can be left to children and the children in many instances are able to assume the mortgage, this is particularly so if it is the Homestead property of the parents. Remember, a Will... View More
My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... View More
answered on Oct 5, 2022
You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.
Any beneficiary of the will. What is the first step I need to do because I don't agree with this and I'm the next hier in will.
answered on Oct 5, 2022
A spouse has substantial rights no matter what a Will or Trust may say in many instances, under Florida Law a Spouse is entitled to minimal sums via spousal share, homestead, exempt property and so forth, no matter what a Will may say, If the Will or Trust left everything to the spouse, she will... View More
answered on Sep 27, 2022
Likely not, you will want an attorney to review a copy of the deed, unless it was an enhanced life estate deed (ladybird deed), you are likely stuck with your partner as a co-owner of the property, unless they agree to sign a quit claim deed or other deed back to you, you may well be now a co-owner... View More
answered on Sep 15, 2022
I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will... View More
and my step fathers. My question is can they come after my house for my mothers medical bills? A lein ect? Should I try getting my step father off of it?
answered on Aug 25, 2022
No. Not unless you signed to be responsible for your mothers debt. They would be subordinate to the mortgage in any event.
I requested from the bank that my deceased dad was an account holder at, if they could release the bank account balance at the date of his death to me, so that I could figure out the value before filing to court. They want letters of intent and letters of administration 1st. Is there a way to get... View More
answered on Aug 23, 2022
Sorry, Floridas circuit court clerks, judicial assistants, magistrates, and judges are far too busy to be sitting around by the phone texting friends and waiting to hear from curious citizens looking for free money asking them for free special legal help that cannot be done.
EVERYTHING the... View More
I am having my will re-drawn. I am naming my only son as beneficiary/executor of my entire estate. I would like to include a contingent bequest of my entire estate to a local animal rescue in the event we both die at the same time (I know, it's actuarially unlikely but I want to cover all... View More
answered on Aug 20, 2022
It sure wouldn't be a bad idea. And notify them of your new will, otherwise if your son doesn't survive you, the animal rescue organization might otherwise never know about it.
And can you send out death certificates to these companies to see which ones will just clear the account and close them?
answered on Aug 18, 2022
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... View More
My boyfriend is currently in prison and wants to give me power of attorney over all of his real property like his car's trucks includes trailers etc and also wants me to collect his stimulus payments which power of attorney do I need to file
answered on Aug 17, 2022
Your boyfriend has a choice - either a general power of attorney or a limited one, and for either one of those choices, durable or non-durable. General would give you power to act on his behalf of just about anything under the sun, and limited is for just certain listed items. A durable power of... View More
answered on Aug 15, 2022
I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any... View More
I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... View More
answered on Aug 14, 2022
It is not exactly clear what has happened or will happen when you state in your question "sell or gift an inherited house" since inherited is past tense, does not clearly indicate if ownership has been accepted/acknowledged.
I also do not understand what you mean by the $1,000... View More
I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.
The agreement between us was that her house would be use to pay the bulk of the note. When she died we were advised by the estate attorney that the Florida Homestead law would prevent... View More
answered on Aug 4, 2022
The short answer (and my legal advice) is to follow the correct advice given to you by the attorney probating your mother's estate because the estate attorney will fight you in court over this issue--using your mother's money.
My uncle was close with his mother, brother and sister. We had family gatherings at my grandmas house all the time. He was at my grandmas house more than he was at home with his wife and children. He was married for 29 years and did not add his wife’s name on his bank accounts, business or real... View More
answered on Aug 3, 2022
You can spend your money fighting for his estate as you choose, but his estate is going to be disbursed pursuant to law. You might want to spend a few bucks on a lawyer before you get too involved.
I have a friend whose father passed away with no will. The son did not complete the probate process and is currently incarcerated in Volusia county jail. The fathers house is in preforeclosure right now, mediation scheduled for Oct 2022. The house/land is appraised at 300K+ and about 130K is owed... View More
answered on Jul 26, 2022
In some states, the person can sign a form that can transfer that responsibility to someone else. Is there someone else the friend trusts to complete this? Depending on the resources available within the jail, it may be difficult to complete some of the tasks required.
Sister's husband, whom I do not trust, has been meddling in my deceased mother's house sale. Mom did not leave a Will but she instructed the monies be divided between all 4 children. Sister is remainderman as it seems at some point someone advised them to put the house as a Life Estate.... View More
answered on Jul 16, 2022
If your mother conveyed a remainder interest to your sister, while reserving to herself a life estate, you would in theory not be entitled to anything. Consult with an attorney.
The executrix, his adult cousins, have repeatedly refused reasonable requests for access to those funds (for legitimate expenses) since 2014. During that year his father passed and he needed living expenses and medical services. In 2020 to present they have repeatedly refused to relinquish any... View More
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answered on Jul 15, 2022
Florida Statutes Section 736.0813 sets forth some of the information that beneficiaries of Florida trusts are entitled to receive. You can read it here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0736/Sections/0736.0813.html . In any... View More
I received a document with this title and I don’t know what it means.
answered on Jul 12, 2022
An online translation tool yields the following: "motion requesting order to summon by edict and authorization to question by edict?" Apparently, someone wants a summons issued and an order authorizing discovery.
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