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Florida Probate Questions & Answers
1 Answer | Asked in Probate for Florida on
Q: I gave my sister power of attorney to receive my inheritance check because I was incarcerated. She spent all the money.

What can I do?

Phillip William Gunthert
Phillip William Gunthert answered on Mar 30, 2020

You will need and want to get a copy of the Power of Attorney that you signed and review it in detail, you will want to confront and address her with a legal demand letter if the Power of Attorney supports your claims, you may have to eventually file a lawsuit as well.

2 Answers | Asked in Probate for Florida on
Q: I have an inheritance that is in probate. Can I get an advance on the money?
Nina Whitehurst
Nina Whitehurst answered on Mar 27, 2020

There are lenders that will make advances against anticipated inheritances. Once is Advanced Loan Inheritance, LLC, which I believe is in Florida.

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1 Answer | Asked in Probate for Florida on
Q: Is it worthwhile to try recovering my deceased son's only asset?

My adult son who lived in FL died 11/2019. He did not have a will. He left behind an adult daughter and me who both live out of state. He had incurred many thousands of dollars in unpaid medical bills and credit card debt. I paid $1,593 for his cremation. His only asset is a total of $805.58 left... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2020

It appears to me that his daughter (who would inherit under the intestacy statute (Florida Statute 732.103)) should be able to access this account by filing for disposition without administration. the pertinent Florida statute reads as follows:

"735.301 Disposition without...
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1 Answer | Asked in Civil Litigation, Contracts, Foreclosure and Probate for Florida on
Q: FL Co-operative assessed $250K to settle negligence case with Estate of Deceased Member. How to verify disbursements?

Estimated legal fees the estate incurred for the case between $75K and $100K.

$30K were paid to creditors per probate case public information.

Estate owes Co-op $19K. Representative claims to have no money left. In conversation, representative hinted to "other parties" and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2020

If you are a member of the co-op you are probably entitled to a full accounting of all of the settlement details.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My Mother and Step Father had a Lady Bird Deed with my step brother and myself listed on it so that we could divide the

estate when they both passed between the 6 children. After my mother passed, my step sister changed everything. She had my name taken off the deed. She became her fathers POA and is now over his trust. My Mother left a will that states the items from the home that were hers and I am to receive.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 10, 2020

This situation cannot be handled online. You must hire a lawyer and pay them to help you get back whatever might belong to you.

5 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My aunt just passed away recently. In her Will she's left me her condominium, her vehicle, life insurance policy,..

.. And bank accounts. I've lived with her for almost 6 years. I just received her urn and death certificates. My first question is: When I received the death certificates, there was no cause of death listed. (She passed away from lymphoma) Is that normal in the state of Florida not to list cause... Read more »

Mr. Long H. Duong
Mr. Long H. Duong answered on Mar 6, 2020

Sounds like you’ll need to open probate to have the Will admitted (think “activated”) so you can transfer assets.

You’ll want to consult directly with a probate attorney about your options and path forward.

BTW, the death certificate you received is referred to as the...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: What happens if a will is ignored by a donation center?

My wife and myself are executioner of the estate of a friend who passed away. we had a will that was signed and notarized. A copy was also given to the hospice staff. Our friend stated that his mother and brother were to have no contact with him, or after his death. They have not been a part of his... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 6, 2020

As a practical matter, unless you want to spend a lot of money on an attorney, there is nothing to be done except perhaps make a complaint with the agency which regulates hospices. You should have been more insistent about getting the remains immediately. By the way, you were what many states... Read more »

2 Answers | Asked in Probate and Estate Planning for Florida on
Q: What are the state laws for removing property from a parents home in a retirement village once they have passed?

Manager will not allow son to remove anything from the house without proof of will. He says it is a state law. Is it? Also does it matter if its owned home/property vs Rental?

Phillip William Gunthert
Phillip William Gunthert answered on Mar 5, 2020

Just for starters and this is a general response regaridng Florida Law on the subject and related to probate and the need to have and or start a probate.

In accordance with Florida Law a landlord is not authorized to allow access to a rental unit for anyone who is (1) not legally named on...
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Father died there are 4 children no will and the oldest two are say they dont have any right to anything

The younger of the children have lived on the property with there father there whole life the older brother and sisther are telling him that they dont have any rights to anything please can someone please help me find a way two help the younger brother and sisther find a way to see if they have... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 5, 2020

According to the intestacy statutes, which apply if there is no will, the decedent's property goes to his heirs as defined. One class of such heirs would be the children, including all four children in the case you describe. How do the older children figure they get it all? The younger children... Read more »

3 Answers | Asked in Probate for Florida on
Q: My daughter's grandfather gave me and my boyfriend a truck a month before he died how do I go about getting the truck

He did sign it over to my boyfriend we efiled the title and the officers said that they couldn't use the copy the dmv gave us He died on the 8th of February when the title was signed on the 15th of January And now the two older children will not let use take the truck off the property it is tagged... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

Anyone who has a legal issue should retain their own attorney. There are hundreds of good lawyers in Miami, so finding one to help your daughter's aunt should not be a problem.

If the daughter's grandfather signed the title but it wasn't signed by your daughter before his death, the truck...
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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: How can I put my deceased parents house in my name if the executor and other beneficiaries have no interest ?

My parents passed away 11 years ago and left the house to me an my other two siblings. The last time I seen the executor of my parents estate was back in 2011 when the house went into foreclosure. She signed papers to allow me to pay an save my parents home afterwards I tried contacting her in... Read more »

Lauren Nagel Richardson
Lauren Nagel Richardson answered on Mar 3, 2020

Even if you are not the executor named in your parents' wills, you can still file a petition to open the estate. You should work with a probate attorney to review all the facts and determine what type of estate to open. In the meantime, keep paying the property taxes.

3 Answers | Asked in Probate for Florida on
Q: Can a mortgage company require the sale of a property go through PROBATE court when there is a legal Quick Claim Deed ?
Seril L Grossfeld
Seril L Grossfeld answered on Feb 26, 2020

Is the mortgage a reverse mortgage? If so if the heirs don't have the ability to pay the mortgage balance in full the property has to be sold to satisfy the mortgage. Trying to change the title will not prevent this.

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2 Answers | Asked in Civil Rights, Estate Planning, Real Estate Law and Probate for Florida on
Q: What is the process of inheriting someones house after they pass if there is no will in place?

Next ok kin is not imterested and would like my father to take over the house. He already lives there. He was room mates with the person that has passed away.

Seril L Grossfeld
Seril L Grossfeld answered on Feb 26, 2020

There still needs to be a probate proceeding initiated. The next of kin can always sell or assign their interest to another person.

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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Help Im lost on how to proceed with grandma's home left to her 4 kids in 1989, they never finalized the title; now I'm

trying to get legal ownership of the property. 2 Uncles are deceased, 1 Uncle still alive, and now I'm legally owner of the last 1/4 because my mother deeded it over to me. Both deceased Uncles have been gone for over 10 years without a probate process processed on their estates. I've lived in... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 23, 2020

I think you already know the answer, which is hinted at in your question. Your uncles’ estates need to be probated. A probate attorney can help you.

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1 Answer | Asked in Real Estate Law, Foreclosure and Probate for Florida on
Q: How long after the firsts defult mortgage payments can I foreclose on a property?

Last November my dad passed away. His only "asset" in Florida was a promissory note and mortgage he did to my brother on 2008 to help him buy a house. My brother is the mortgagor and my dad the mortgagee. We have initiated the probate process. My brother never made a single payment on the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 21, 2020

Yes, the estate can probably foreclose the mortgage. Each failure to make a payment would be a default, so a failure to pay 4 years and 11 months ago would be a default not barred by the statute of limitations.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Uncle died in Puerto Rico and named me in his will as one of the people to get money.

How do I locate the person in charge of dispersing or handling the requests of the will.

I cannot get an answer from anyone, as my mother is trying to somehow steal or take the money as her own. I'm 25 not a minor. Nobody is providing me with who to talk to. Also, what would I need to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 20, 2020

If your uncle was domiciled in Puerto Rico, you might want to ask this question in Justia Ask a Lawyer > Puerto Rico. Either that, or talk to an attorney in Puerto Rico.

3 Answers | Asked in Probate for Florida on
Q: Can I file probate for my mom in Florida if I live in California? She has belongings here in California in storage

My mom passed away in Florida but has all of the belongings from her home in California I'm not sure where probate should be filed and if I can do it from a different state. My 2 sisters have held power of attorney from my mom for 3 years and have sold her home in California and transfered homes in... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Feb 20, 2020

Probate should be filed in County where your mother was domiciled or county where her assets are located.

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1 Answer | Asked in Probate for Florida on
Q: Florida vacant land deed in husband and first wife names and house built on it. They divorce and second wife moves in.

Both husband and second wife are deceased. No new deed was recorded after house built or divorce. Mortgage in deceased husband and second wife. Who has legal right to the real property; the ex-wife and children or the second wife and her children?

Seril L Grossfeld
Seril L Grossfeld answered on Feb 18, 2020

There would need to be a probate proceeding, maybe 2, for the last person that passed away. The divorce decree might indicate who has title and/or possession to the house and the property. But there would have to be a probate to determine who has the right to title and possession of the property,... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: Can my brother cancle a mortgage my dad made to him with a sign affidavit? My dad was the mortgagee and him mortgagor

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 »

Seril L Grossfeld
Seril L Grossfeld answered on Feb 13, 2020

It would depend if the affidavit is the equivalent of a satisfaction of mortgage.

1 Answer | Asked in Estate Planning, Probate, Foreclosure and Real Estate Law for Florida on
Q: I guess my question is regarding probate and inheritance. 10 years ago my dad in the intent of helping my brother to

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 »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 13, 2020

First, there is a 5-year statute of limitations which may be a problem. And the affidavit, if genuine, may also bar recovery by your father's estate.

You indicate that you "have started the probate process". Do you mean you have filed a probate case? Because generally where there are...
Read more »

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