Minor son attack by a dog almost lost his arm A structured lawsuit being put in a trust fund signed deal and delivered by a judge lawyer is telling me to wait on a 3rd party to release the fund to get the allotted monies to me for out of pocket expenses to help my son get his arm back functioning... Read more »
Yes, it is possible for there to exist a situation where there is a wait for settlement funds to be disbursed, but it sounds like you are having some kind of communication problem with your attorney. You should be able to fully understand what the status of the settlement distribution is and the...Read more »
There is no time limit or requirement for the nominated personal representative to administer the estate. If they fail to act, another party can choose to put the case through probate. If a personal representative has already been appointed, several factors affect the timing of distributions and...Read more »
Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;
“Essentially, a partition action is a legal proceeding that forces the sale of a piece of property. In Florida, partition of a property in probate cases is governed by Florida Statute 733.814, which states, “[w]hen two or more beneficiaries are entitled to distribution of undivided interests in... Read more »
The estate would be essentially closed when the property is distributed. Thus, if the property has been distributed to the beneficiaries, it would be one of them, not the estate, who would file the partition action.
I assume that he didn't reside in Puerto Rico, but in Florida. If so, you (or one of his sisters) need to file a probate petition with the court in the county where your uncle resided. Whoever does this needs to do it through an attorney. You probably also need to file an ancillary probate...Read more »
My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... Read more »
Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:
1. Was there any property left to probate at your uncle's passing?...Read more »
No, you need to file it in the County where the probate is taking place and you need to file it timely, all sorts of deadlines can apply and make it potentially uncollectable so be sure to make your claim properly and timely.
Assuming he was a Florida resident, if he was survived by a wife, children (or other descendants), siblings or parents, and if he didn't leave a will, you probably wouldn't inherit anything. Otherwise, you might. If he owned real property, check the appraiser's office in that...Read more »
It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer...Read more »
A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?
You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will...Read more »
Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate....Read more »
I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When...Read more »
You are going to need a Florida Probate Attorney to look at the documents. It is additionally likely that if this is a Summary Administration, that you will end up needing and probably be required to have a probate attorney under most circumstances. The court/judge will quickly let you know this in...Read more »
I think it would be that the Petitioner (in Summary Administration) proposes to distribute the estate in the following manner. These likely relate to proposed orders related to the Summary Administration. If it was a Formal Probate, then it would be a Personal Representative. If you are not sure...Read more »
Should you sign a receipt for money you didn't receive? Of course not. Tell the attorney (for the PR, I assume) to explain, not simply to tell you that a paper by which you indicate you have received money which you have not received is "normal verbiage".
You will want counsel of a competent FL attorney, assuming the legacy is situated in FL. `Exemption Rights will be pertinent here. You may even open up a Trust. This is a public forum and you do not need to talk about this with anyone else but your attorney.
My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »
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