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My brother and I decided to go to probate together. But I am noticing that it seems the attorney is only representing him and not both of us since they sent me a waiver that seems to place everything in his hands. Our mother didn't want to leave him anything. She wanted to leave me what she... View More 
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answered on Jul 18, 2024
The attorney cannot represent you and your brother together unless you both sign a waiver waiving any conflict of interests. Although you seem to say that you and your brother decided to enter the probate together, it seems that he is being appointed personal representative and the attorney is... View More
Can the lawyer that organized a Trust, also help the family with Trust Administration years later after the Grantor has passed, or is it necessary to have a different lawyer for the Trust Administration. Thank you for considering my question.
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answered on Jul 18, 2024
It can be the same lawyer who drafted the trust or another lawyer. There is no legal requirement that it has to be the same lawyer.
The notice states: "You are hearby notified that the court entered the following: Certificate of Death and it has a Judge/Clerk note that reads "Court reviews notification of the death of the protectee. Conservator shall file final settlement within 90 days of the date of death of the... View More
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answered on Jul 16, 2024
Hire a MO attorney to check the out the Conservatorship Court File, especially the Final Settlement. Probate may be needed now. You may or may not be a potential beneficiary of her Estate.
Bank account left to me and my sister. I found out recently through the Florida Treasure Hunt that there are $300 in funds left to my father from a foreclosure of a home from about 15 years ago. Problem is, my sister had(s) power of attorney so her name is attached as owner of the funds. However, I... View More
answered on Jul 11, 2024
The power of attorney doesn't make her the owner of the money; but it's probably the reason she is named as the "owner". You should be able to get your share of the money through what is called "Disposition without administration", pursuant to Florida Statute 735.304.
the attorney handling the case wants phone records from 2 years ago. i am not associated with any parties on this case. i don't understand why or how i got involved.
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answered on Jul 11, 2024
That is a subpoena duces tucem and it is Court issued. If you do not wish to comply, then hire a lawyer to file a motion to quash. Obviously you are not a party to the suit, but your records are wanted by one of the parties to use in Court.
No will, three heirs, in Florida, mortgage on home, in probate, do you have to make payments on house mortgage while it’s in probate?
answered on Jun 8, 2024
Yes, the mortgage must be paid at all times or the property will be placed into foreclosure. If the estate does not have money to pay the mortgage and a foreclosure is filed, you will need to get an answer filed to the foreclosure so that you will have enough time to sell the property.... View More
Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida
answered on Jun 8, 2024
Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:
Duties of the Personal Representative
Fiduciary Duty:
The personal representative has a fiduciary duty to act... View More
My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at... View More
answered on May 30, 2024
In order to evict, you would have to file a probate petition and become his personal representative. You will need an attorney to do that. When you are appointed personal representative, you would be able to stop her from selling what remains of his property.
It would be very strange if... View More
My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at... View More
answered on May 30, 2024
I suspect she has a lease to live on the property. The correct process is ejectment. To do that, someone has to receive the ownership of the property. In that sense, you need to work with a probate attorney and a real estate attorney. If you are in a position to hire one, you are welcome to... View More
Four birth children and two adopted from his second marriage, all in our 50s and 60s. While my father was alive I kept asking one sibling if my father had a will, legal documents and what he wanted to have done with his house. My sibling refused to answer me every time. My father was in a... View More
answered on May 28, 2024
It appears that your father transferred title to one of your siblings. If you can prove that your father didn't have the requisite mental capacity, you may be able to sue to set the deed aside or recover your intestate share of the estate.
My Grandmother had a revocable trust.
And the FIRST information I received a letter
waiver to sign . ( I can go into detail , if it Is private)
I question why only he the trustee and his kids only say waiver comment / (name )
And his sister and her kids say... View More
answered on May 1, 2024
The documents would need to be reviewed by an estate planning and probate attorney because there are a lot of things that can be waived and consented to and done so for various reasons. One of the big things is the naming of a new trustee and or accounting and so forth, in addition, there may a... View More
My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?
answered on Apr 19, 2024
You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):
(2) Exempt property shall consist of:
(a) Household furniture, furnishings, and appliances in the... View More
My friends will in Florida left me her home which was in her trust. The trustee decided that she should be in a assisted living facility so the home was sold and the proceeds invested in the trust accounts. The trustee says that I am not entitled to the proceeds of the sale of the home and that... View More
answered on Apr 18, 2024
Correct. You have no property rights to the house or to the proceeds of the sale. The Will becomes effective upon death. The trustee is free to dispose of the house to benefit the settler (your friend) during her/his lifetime.
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 17, 2024
You should make a list of all assets that your husband owned at death. If your husband had a will then property would pass under that will. If he did not have a will, then the assets would pass under the intestate laws of Florida. As a spouse, if a will exists, you either can take under the will or... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
answered on Apr 16, 2024
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More
My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More
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answered on Apr 16, 2024
Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More
I own a property 50% and an estate owns the other 50% - it is currently up for sale by a realtor but the listing agreement is about to expire and we have not yet sold the property. The executor of estate is threatening to file a Partition that would have a court appointed employee responsible for... View More
answered on Apr 4, 2024
In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More
There are 4 real-estate properties plus the homestead house.
answered on Apr 2, 2024
There is no legal requirement that the personal representative have appraisals done on the property at the time of filing the inventory unless ordered by the judge. However, if there is any doubt as to the value asserted in the inventory, you will want to file an object to the inventory asserting... View More
My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More
answered on Mar 27, 2024
Title to property will not pass under a will that deeds it to multiple beneficiaries unless they all sign. The exception is if title to the property at decedent’s death was jointly held with your dad and sister jointly or was held by sister alone. Hire a title insurance company to search the... View More
My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More
answered on Mar 19, 2024
Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More
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