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... View 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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answered on Dec 29, 2019

You can hire an attorney to file a partition action and force sale of the property.

You should visit with an estate planning attorney who understands medicaid as it sounds like you are worried that if your mom has assets and receives aid you are worried they would take those assets away when she passes. There are many ways to plan for this; however, you need to consult privately... View More

You can file something disclaiming all interest in the state. If you have an attorney (and I assume you do, otherwise I fail to understand how it's "expensive"), as your attorney to draft something to that effect. Otherwise, ask the attorney for the personal representative.

Yes you can make a will anywhere you just need to make sure that it is executed as required by Florida law, meaning at least 2 witnesses of legal age that are physically present when you sign and understand you are signing with the intent that it be your will, the self proving attestation also must... View More

Some companies will split out your portion of the account and hold the rest for the other named beneficiary. People deal with grief in different capacities and this results in some people not wanting to deal with things like this as soon as their siblings are ready. Unfortunately, as a rule... View More

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answered on Dec 1, 2019

It is not possible to answer your question without reviewing the will. The answer could go either way depending on how the bequest for the benefit of the surviving spouse was structured. If left to the surviving spouse outright then he or she can do whatever he or she wants with it, assuming no... View More

Once the mortgage company learned of your passing they would want your wife to refinance in her name since she did not sign the loan papers with them.

You will need to have your mom speak with a Florida Estate Planning Attorney if she is in Florida. Costs can vary drastically from law office to law office based on hourly attorney fees or even flat-fee costs based on the law firms established billing. The documents that you want drafted can be... View More

Advice: Find a copy of the Will and keep it handy. You may need it soon.

Your father's wife may not be able to get everything he had; however, under Florida law a married man cannot exclude his wife completely from his estate. In fact, your father's wife is entitled to the... View More

No, there is no law or rule that control this family situation. If it was my problem I would box EVERYTHING up and put it some small storage unit somewhere near where your brother and his family live. It cannot cost the estate more than $75 per month to do it; and even if it sits there for a year... View More

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answered on Nov 13, 2019

Hire a probate attorney near where your father last resided to help you open a probate and petition to have yourself appointed as the personal representative of your father's estate. You can then ask the judge to order your brother to turn over all of your father's assets to be... View More

Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person... View More

You need to speak to an attorney immediately. You need to have the injunction against you reviewed and if valid, you must do an eviction/ejectment in order to get any third parties out of your house.

Good luck.

Getting a copy of your birth certificate will not help. Unless you are listed in your biological father's current will as a beneficiary, and unless the will is probated, you will not be able to get anything from his estate after he dies.

Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.

Dementia is a spectrum.... View More

Yes. They can come after their assets such as their house and car, although they would be secondary to the mortgage holder on the house and the note holder on the car.

You should start by contacting the Florida State Bar as they can often help you in this regard, when an attorney leaves the practice of law, they usually should have a new referring attorney for their clients and papers, the Florida Bar would be a good place to start. Any papers he may have had... View More

In whatever state you are living with your parents you need to go see an estate planning attorney. They can help with the documents that you need for yourself and your parents.