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Florida Probate Questions & Answers
3 Answers | Asked in Probate for Florida on
Q: If a spouse dies and they have credit card debt, who is responsible for paying if only the spouse is on the card?
Ira Markowitz
Ira Markowitz
answered on Feb 10, 2024

Assuming it’s a Florida probate of a Will the creditor would have to file a claim against the estate and the spouse is not responsible for the decedents credit card debt. If the estate files a timely Obligation to the Claim & serves a Notice to Creditors with that objection then the creditor... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandfather had a deed done in his trust's name. Is it too late too record it now that he has passed?

My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.

T. Augustus Claus
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answered on Feb 9, 2024

It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the... View More

2 Answers | Asked in Probate for Florida on
Q: Should I get a fl attorney during probate in Missouri.?

I am bio daughter living in FL and mother passed 4 days ago. Brother in Missouri has taken executor roll from my Aunt whom was named by mother 1st. I am getting very minimal information except that her estate is larger amd more complex than thought. Several ins policies and banks ect. Should I get... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 6, 2024

I am very sorry for your loss on the passing of your mom, please accept my condolences at this difficult and sad time for you and your family. 4 days is not a very long time, and it will take some time to get the probate going and find an attorney. You should not expect much information within this... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If someone listed in a Will has passed, does their portion go to their son or split between the remaining beficiaries.

My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 5, 2024

I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

T. Augustus Claus
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answered on Feb 2, 2024

In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 3, 2024

You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Is My Mother Responsible for Paying My Deceased Father’s Medical Bills?

My father recently passed away. He was hospitalized for one year, and his health insurance was not able to cover all of the medical costs. Now, my mother is faced with more than $30,000 in medical bills which she is unable to pay. Is mother responsible for paying my deceased father’s medical... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 2, 2024

I am very sorry for your loss on the passing of your dad, please accept my condolences. The answer to your question is generally "No", you will want to contact and speak with a Florida Probate Attorney as well. As long as your mom did not sign anything and obligate herself to the medical... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can a beneficiary (NOT a court-appointed PR) be reimbursed for estate related expenses?

I was named the PR/executor in deceased's will. Will was submitted to the court. Formal probate was initiated, but then before I was named PR, it was converted to summary administration (there is no court-appointed PR in summary administration) because the only asset needing probate was the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Feb 1, 2024

I often have this conversation with clients after summary administration. In your situation, your last opportunity for reimbursement of estate related and real estate related expenses is at the time of the real estate closing. You are going to want to provide proof of payment of these expenses to... View More

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 29, 2024

You can bring the mortgage current, but you wouldn't necessarily have clear title unless you institute a probate case and get the court to find that you are the heir pursuant to the intestacy statutes. Alternatively, you could seek financing if necessary and purchase the property at the... View More

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2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Florida on
Q: How do I go about assuming the mortgage of my deceased Uncle's home, which is in foreclosure.

I received a Summons as a party with possible interest in the estate of my deceased Uncle, in the state of Florida. He died intestate. His home is in foreclosure and was a reverse mortgage. I have inquired as to the balance due but haven't received an answer yet. My questions are: Can I... View More

James Clifton
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James Clifton
answered on Jan 31, 2024

There are several questions that you have posed. The answer to each one is outlined below.

Can I assume the mortgage for the balance due? On a reverse mortgage, you cannot assume payments, so this will not be an option. You will need to pay off the mortgage balance in cash or get a loan to...
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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Explain Florida Statutory Warranty Deed, purchased by a single childless man sold to grantee and “his heirs” and assigns

The elective inclusion of “Heirs,”included in sale and assignment forever:

1. What type of ownership does this deed provide and to whom?

2. Ownership interest in home, at sale, and upon grantee’s death? Does title pass to heir automatically? Etcetera??

3. If this... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2024

1. Title is in the grantee (the "single childless man").

2. No, heirs would be whoever he sells ("assigns") it to, or, if he still owns it at the time of his death, whoever is named in his will or to whoever would inherit under the "intestacy" laws, if he...
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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Dad recently passed away, he had a will and I was appointed the executor.

The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 29, 2024

I am very sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. You will need and want to contact a Florida Probate Attorney, based on the type of assets and the overall value will determine the type of probated that... View More

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Dad recently passed away, he had a will and I was appointed the executor.

The attorney that drew up the will is no longer in private practice. What do I need to do to get the house, land and vehicles in my name?

James Clifton
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James Clifton
answered on Jan 26, 2024

Based on the assets you described, you will most likely need to file for formal administration in the county where your father resided when he died. You will need to inform the heirs and creditors of the estate, create an inventory, pay any outstanding debts owed, and then request an order for... View More

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2 Answers | Asked in Elder Law and Probate for Florida on
Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jan 23, 2024

I am so sorry to hear about your mother's illness. Yes, because the property is in her name only and not in a trust or some other probate avoidance strategy, you will need to file a probate case to transfer the property to you when your mother passes away. If your mother's husband... View More

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2 Answers | Asked in Elder Law and Probate for Florida on
Q: My mother owns a home and is the only one on the deed & is in hospice with end stage Alzheimer’s. My stepdad died.

Neither have a Will. Can I sell the house without probate nor haveto give any proceeds to my step-dads children, because he wasn’t on the deed?

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 23, 2024

I am very sorry for your loss on the passing of your dad, and I am very sorry for your mom and her illness at this stage of her life. You will want and need to speak with a Florida probate Attorney, they will want to review any property deed that you have, and it will have to be determined what... View More

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1 Answer | Asked in Family Law, Elder Law, Estate Planning and Probate for Florida on
Q: My uncle has passed away in Florida. He had dementia. How can I find out who his attorney or power of attorney was?

His 'caregiver' went into a 'relationship' with him whilst he had dementia. She has his ashes. There is no death certificate. How can we get his ashes back to his daughter in Australia?

James L. Arrasmith
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answered on Jan 21, 2024

I'm sorry to hear about your uncle's passing and the complicated situation you're facing. To find out who your uncle's attorney or power of attorney was, you can start by checking any legal documents or records that your uncle may have kept, such as wills, estate planning... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Mother died November 2023 without a will. Total cash assets of $2597.65. Do I need a lawyer is settle this estate?

$1436.89 in Checking/Savings account(s)

$1160.76 - 3 insurance refund checks payable to my mother.

$10000.00 possible unclaimed death benefit from my stepfathers passing in 2013, payable to the Estate of my mother.

I believe all debts have been settled or discharged.... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

Florida Probate Rules require an attorney to handle probate matters for formal administration (see Probate Rule 5.030(a)). For smaller estates including summary administration or disposition without administration - when there is no personal representative - no attorney is required. However,... View More

1 Answer | Asked in Probate for Florida on
Q: How long does the executor of a will and their legal representative have to file the will with the probate court ?

The deceased passed away in October of 2023 as of today no probate has been established nor has the will been filed with the clerk of courts in the county decedent lived in.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 17, 2024

I am sorry for your struggles, in accordance with Florida Statutes, a Will must be submitted to the clerk of the court in the county where the person was a resident within 10 days of passing (hardly anyone ever does this for a variety of reasons, but it is the law). In Florida the Executor is... View More

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I am PR, hired estate atty, been in probate over 2 yrs now as delays continue. Options??

2-3 months at times between responding parties (other 2 parties each with own attys - 3 parties total) communications and status updates. When I inquire ... "I'll let you know when I hear something." 3rd petition for extension has to be filed, again.

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 15, 2024

Until and unless another Probate Attorney can review the status of things and what possibly the holdup is after 2 years, it is hard to say. If you are not happy with your attorney, then consideration of a new one would possibly be in order, but that would be extra cost to you for time and review... View More

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: Where do I get online access to revocable trust document/information and probate information for a deceased parent in FL
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2024

For probate information, in other words, to see if an application has been filed in court to appoint a personal representative pursuant to a will, or in an intestate (no will), find the website for the clerk of court in the county where the deceased parent resided. You would look under "court... View More

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