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I left ny in Feb 2016 was threatened if I went back to retrieve my personal belongings. My adult son still lives in the home and refuses to talk to me since I left. His dad passed away last saterday. Everything is in my name. What are my legal rights and options?
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answered on Jun 9, 2020
You can hire an attorney to help you evict your son.
answered on Jun 8, 2020
An attorney would need to look at the deed to see how it was worded before that question can be answered. I would recommend contacting a probate attorney to discuss this further.
That the money will go to my dad living right of representation- but my dads girlfriend is saying that money will go into my dads trust. Is this possible/ legal?
answered on Jun 6, 2020
Sure it's possible; one would have to read the will and trust, and then determine if those provisions are consistent with the law of wherever your uncle resided when he died (presumably California).
answered on Jun 5, 2020
Verbal is not written and it is not a Will or Trust and it is not a deed and it is not even what Florida Intestate Statutes (without a Will) state. I think you have a real problem here as parents are allowed to change their mind and verbal promises and change their estate planning Will, etc.,... View More 
I have been paying their mortgage but it has their name on it. what are my options
answered on May 29, 2020
Do you mean is it part of the probate estate of its deceased owner? Yes.
living. I handled his funeral as per her request as she lives out of state. We have since been contacted by several companies concerning "found money" in his name. They have asked for her information, the nieces and nephews, cousins and other distant relatives. Isn't she the only... View More
answered on May 29, 2020
These companies will ask for as many relatives as possible to get a fee to help them get the money. Most likely if he wasn't married and did not have any children and his parents are no longer alive, it would go to his sister under Florida Law. His sister may be able to apply for the found... View More
I am paying their mortgage payment and wonder what happens when and if my mother passes. Please advise.
Thank you
answered on May 29, 2020
This answer will depend on how the Warranty Deed to the house is titled and if your mother has a last will and testament or not. I would recommend that you have a consultation with an Estate Planning/Probate Attorney for more accurate information.
I live in Florida. I would like to sign a will and last testament. The issue is that my niece, the executor, and her husband, the alternative, are my only witness available. Can they be witnesses and executors? They are not beneficiaries.
answered on May 25, 2020
It's not a good idea. Surely you can find someone else to witness the execution of the will.
My grandmother passed away and she named her best friend POA over it all. I am the beneficiary. Was told from my grandmother that everything is left to me in the will. I am currently on my way down. But her friend refuses to speak to me or include me in anything. But yet had her husband and friend... View More
answered on May 25, 2020
If you have a copy of the will, you can petition the court to have it admitted to probate. Whoever is appointed personal representative in the will may well be entitled to be appointed PR and be issued letters of administration giving the PR the right to possession of the property. The power of... View More
Plaintiff offer is they want a portion of the trust that I will receive after the owner passes. My attorney that over sees my half in trust can be available to answer any questions you may have about type of trust, how it is written etc. She stated that she thinks I can disclaim because as it... View More
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answered on May 22, 2020
There are a lot of missing facts here making it impossible to answer your question. Is the trust revocable or irrevocable? Is your interest vested or unvested? Who is the trustee now? Who will be the trustee when the grantor dies? What is your relationship to the trustee? Are distributions... View More
How do I file. What are the necessary required forms to fill out.
answered on May 19, 2020
Guardianships are created by filing paper in a court of law. They are not a DIY project. Hire a family lawyer.
The sibling has no bialogical children but is married
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answered on May 17, 2020
The ill sibling's share must be distributed to him or her without regard for his or her health. His or her attorney in fact or conservator can deposit the check in his or her account and manage the funds for him or her. If he or she does not have an attorney in fact or conservator then a... View More
I am wondering if I am supposed to ask for a copy of the will, bank statements, etc. or just wait for the process to take its course. Thanks.
answered on May 13, 2020
My condolences for your loss. You can follow up with your brother regarding beginning the probate administration of the estate. Per Florida law, the last will must be deposited with the clerk of court within 10 days of after receiving notice of death. While any interested party can petition the... View More
her only two adult children buy a house in 2009 to qualify for a mortgage. Title is owned by all three. Children never lived in the house. (2) in 2013 the future husband moves and joins Mary in the house. (3) In 2014 they marry in Florida, (4) Let's say Mary dies in 2020, what percentage of... View More
answered on May 13, 2020
Homesteads generally pass outside of probate; the fact that title to the house was jointly owned by 2 other people, neither of whom was the husband, makes it more likely that the house is not part of the decedent's estate and that title remained in the the other 2 owners' hands. I... View More
answered on May 11, 2020
You don't need a death certificate to sell furniture, but the money belongs to the estate so you should be the personal representative or an agent hired by the personal representative and all funds from the sale should be accounted for and turned over to the personal representative. As a very... View More
I live in Land O Lakes, FL. My mother passed away in November. We have lived in the same house together since the house was built in 1998. We have a quitclaim deed written as joint tenants with full rights of survivorship.
I have continued to pay the mortgage, on time, but recently... View More
My grandfather and grandmother died and my brother's and I became heir's in place of my mother who is deceased. My question is, we live in Florida can a declaration of heir's made here have validation in Puerto Rico. Thank you.
answered on May 1, 2020
That is a question you should have asked in Justia > Ask a Lawyer > Puerto Rico; it's a matter of Puerto Rican Law, not Florida Law.
The will was drafted in GA in 1995 and the divorce took place in 2010. The ex-wife remarried and is now widowed and both parties now reside in Florida. Is the will valid or does an amendment need to be made?
answered on Apr 28, 2020
The answer to your question can be found here in the Florida Statutes below;
732.507 Effect of subsequent marriage, birth, adoption, or dissolution of marriage.—
(1) Neither subsequent marriage, birth, nor adoption of descendants shall revoke the prior will of any person, but... View More
My mom had to take her name of the title due to her getting Dementia and having to claim Bankruptcy so she could afford a nursing home and they wouldn't take the house since my Grandma was still alive and occupied the house. Well my Grandma has since passed away along with my mother. My... View More
answered on Apr 27, 2020
Once your mom signed over the deed to someone else, it was no longer her house. The owner of record now is entitled to the proceeds of the sale, and none of the sale proceeds is a part of your mother's estate. If your Grandmother became the owner, it's possible, depending on whether she... View More
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