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answered on Apr 22, 2021

The answer depends on how your mother "added" your name. If you are the death beneficiary, then you will inherit it without having to go through probate. If she "added" you some other way, then an answer cannot be provided without more details of exactly what method of retitling she used.

You need to request a copy of the Trust/Will and any estate related documents from SC or otherwise.

You waited 3 years after probate closed to start asking questions? The only thing I can recommend is to contact the attorney on South Carolina who handled the probate. Also, your dad had to have assets at the time of his death that were in the Will. In other words, I can put in my Will that my son... View More

Whomever could be an heir or beneficiary under his Will should retain an attorney right away.

Yes, once a probate action is filed EVERYTHING that the decedent owned--including the contents of safe deposit boxes becomes subject to the jurisdiction of the probate Judge, who has the Will and can look to see who is entitled to what, after all expenses are paid.

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.

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answered on Apr 4, 2021

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... View 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... View More

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... View 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... View 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... View More

Is the case one in an Oklahoma court? If so, you should ask your question in Justia > Ask a Lawyer > Oklahoma, but if you were subpoenaed, you probably can get the subpoena quashed.

She will likely be able to sell during the probate proceedings. Probate attorney fees vary. You may contact me for more information.

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... View More

Look for a local estate planning attorney that offers a free consultation. These are all good questions that should be discussed and explained verbally.

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... View 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... View 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... View More

This issue would be decided under South Carolina law, not Florida. Ask there. Good luck.