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Florida Probate Questions & Answers
1 Answer | Asked in Probate for Florida on
Q: I am the Personal Representative and custodian of an original Last Will of a decedent, Broward Co., FL. Small estate.

The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.

What other documents should I present to... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 16, 2021

I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward... Read more »

3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »

Charles David
Charles David answered on Sep 14, 2021

Yes, the deceased sister's children are entitled to money (assuming there is no will directing otherwise). Specifically they will split 20% (their mother's share if she was living).

When someone dies without a will in Florida their estate goes through "intestate...
Read more »

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3 Answers | Asked in Probate for Florida on
Q: My brother died. He was never married and had no children. Both parents are dead. He had 5 surviving siblings.

One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Sep 15, 2021

Very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this difficult time. When someone passes away without a Will then the Florida Intestate Statutes (without a Will) apply, while estate matters can be somewhat complicated... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Is it possible to get a curfew probation violation dismissed with video evidence of me being home?

Getting video from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court to subpoena the gps on my cell... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 30, 2021

This is not a probate matter. Probate is the disposition of a dead person's assets and liabilities. Your issue is a criminal.defense. issue.

2 Answers | Asked in Probate, Tax Law and Real Estate Law for Florida on
Q: Dad died 09 will origin Florida never probated, mom 2014 no Will Florida property I paid taxes can I claim ownership?

mom was longest survivor does dad's Will still have any validity? This year I demolish trailer home to keep property enforcement from court case as I continue to pay for yard upkeep with no cooperation from siblings

Can I put in my name via adverse possession or can will be probated... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 23, 2021

Many issues here, and nobody can read a Will online. You'll need to hire a probate lawyer to help you sort through this.

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3 Answers | Asked in Probate for Florida on
Q: Uncle wants me to sign off on my grandmothers house

My grandmother passed 8yrs ago

She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also

He wants house in his name

But i do not agree and will not sign off

What can i do to make both of us... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Aug 23, 2021

You need to get a copy of the deed and review it. If the deed was only in your grandmother's name and there is no surviving spouse (grandfather) at the time, then it is likely that the property should have gone through some version of probate (or petition for homestead filing) in order to... Read more »

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1 Answer | Asked in Banking and Probate for Florida on
Q: A Florida resident died without any possessions but with a small balance in a checking account. Can NOK withdraw?
Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 16, 2021

Perhaps. See this statute to determine if it applies:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html

2 Answers | Asked in Probate for Florida on
Q: A Florida resident died without a will and without any possessions. He had a checking account with a small balance
Nina Whitehurst
Nina Whitehurst answered on Aug 16, 2021

Do you have a question? If you do, may I suggest that you repost with your question.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: will it be a problem if my Date of Birth is incorrect on my mother's will?

I used to live with mom. We siblings are not close and I decided to exit the toxic environment back to another toxic environment that I was more comfortable with. That being said, I had taken mom to have a will drawn up because she was displaying a loss in cognitive value. She was later diagnosed... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 16, 2021

Yes, but what's the basis for disputing it? That your date of birth is wrong? That's probably not a material issue to render the Will invalid. But the best advice is to take Mom's new Will to a probate attorney who is licensed to practice in Florida, who may be able to give some... Read more »

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1 Answer | Asked in Probate for Florida on
Q: How does a heir to an estate get the property legally put in there name without going threw probate
Phillip William Gunthert
Phillip William Gunthert answered on Aug 13, 2021

You usually do not and can not. You would need to speak with an attorney in the state where the property is located, it is possible that based on the manner in which the property is owned/held via the Deed, that the property may pass outside of probate, you would need and want to get a copy of any... Read more »

2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: My exhusband received a judgement against me which I never paid. He passed away and my son is his executor as well as

Beneficiary. He won't try to enforce it. Is there a way it can be released on public records?

Barry W. Kaufman
Barry W. Kaufman answered on Aug 11, 2021

No. Judgments are public record and cannot be expunged or erased. The enforceability of a judgment ends after 20 years, but the record is permanent. If he wants to execute and record a satisfaction of judgment, indicating that it's paid or satisfied, he can do that, and that terminates the... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can deceased wife, give living husbands estate to HER children, in her Trust, when HE dies? 401K in his name only.

H

Linda Liang
Linda Liang answered on Aug 10, 2021

It can be challenged if the devised assets were not hers when she executes the will and the trust. You should definitely talk to a lawyer about that.

1 Answer | Asked in Probate for Florida on
Q: Does mom become partial owner of property through marriage? If so, should probate be filed to determine heir rights?

Mom wasn't on deed but married for 18 years upon her passing. My stepdad is selling the property now without ever having filed probate. The property was obtained 5 years into the marriage but her name not put on deed. Would heirs be considered for her half of the property ownership due to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 9, 2021

These questions are way too important for you to be seeking free advice form strangers online here on Justia.

Anyone can file a probate action--and you should consider doing it.

Hire an experienced probate lawyer.

2 Answers | Asked in Probate for Florida on
Q: My husband recently died intestate. He has one daughter from a previous marriage who has not spoken to him in the last

twenty years. Now that he is deceased, she has retained a lawyer to claim half of his estate. What are the chances that I could prevail if I contested any claim she makes on his estate?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 7, 2021

Without hearing all the relevant facts, no experienced lawyer answering legal questions here on Justia could possibly tell you "what the chances are" that your deceased husband's daughter might prevail if you object to her claim.

I will advise you to retain an experienced...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Hello my wife was found dead in her room by her mother I was living in Mississippi my wife's son immediately took posses

her

Stephen Arnold Black
Stephen Arnold Black answered on Aug 5, 2021

OK I’m very sorry to hear about your loss. You should discuss your case in a private phone consultation with a lawyer here in Florida. If this involves any kind of potential liability for the death of your wife due to the negligence of a tortfeasor, that should be fully investigated. Cases like... Read more »

3 Answers | Asked in Real Estate Law, Probate and Estate Planning for Florida on
Q: I live in the state of New Jersey my mother lives in the state of Florida all her assets are in the state of Florida.

There is a registered trust with Broward county what do I need to do in the event of her death I do not have access to anything. I am named as executor of her estate.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 29, 2021

It depends upon what assets the trust has, and which assets the estate has. If you are named as personal representative in her will, and if her estate has assets, you need to see a Florida attorney about having the will admitted to probate. If someone else is trustee of the trust, your attorney... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Is it possible to revoke a lady bird deed in Florida to replace it with a quitclaim deed ?

My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?

Phillip William Gunthert
Phillip William Gunthert answered on Jul 28, 2021

You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Who gets a house upon the demise in this situation?

My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jul 26, 2021

You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »

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2 Answers | Asked in Criminal Law and Probate for Florida on
Q: How long can an county jail hold an inmate for a VOP for an out of county warrant within the state of Florida?

The inmate is in alachua county jail waiting to be expedited to Dixie County jail, How long can Alachua County hold the inmate before Dixie expedite?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 23, 2021

This is not a probate question. The answer is as long as it takes.

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1 Answer | Asked in Contracts, Real Estate Law, Federal Crimes and Probate for Florida on
Q: forced to sign a note . that reads i agree to pay 8.297.00 a month at 20 % forever. nothing about total are what its for

seller who forced this signing . sold the me the property on 11/22/13. 10 month before a probate was filed .knowing of new ownership pending via back taxes . i was at 6k in the rehab and 4.3k paid to him . when it hit. after 6 months of wondering the halls of justice. this one lady in the probate... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 17, 2021

I am not sure what your question is because you do not actually have one, but I can tell from the facts you need to hire a real estate litigator immediately. The facts are too many to rely on general advice from an online forum. No one should buy real estate in Florida without having an attorney... Read more »

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