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Florida Probate Questions & Answers
1 Answer | Asked in Probate for Florida on
Q: Filed a Petition to Probate but recently learned there are no probate assets. Need to withdraw petition.

I filed summary administration and homestead exemption. One of the witnesses to the will checked both boxes - one for personally knows the decedent and one for presenting license. The judge threw it out. As it turns out, there is not enough money in the estate to need probate. I was told by the JA... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 14, 2021

Of course she isn't going to tell you. That would be giving you legal advice, and she cannot do that under any circumstances. You'll need to consult with a lawyer.

1 Answer | Asked in Probate for Florida on
Q: I filed a claim against an estate and the representative of the estate filed an objection. Where do I send an action?

Do I respond to the probate lawyer who sent me the objection? My email address is msmini1023@gmail.com

Barry W. Kaufman
Barry W. Kaufman answered on Apr 14, 2021

There's no response to the objection. You have the option of filing a civil lawsuit in the appropriate court (county court if the amount of your claim is $8000.01-30,000; small claims if your claim is no more than $8,000.00; and circuit court if your claim is $30,000.01 or greater). You should... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: What happens when a person knowingly files an invalid will with the court in Florida?

A close relative passed away a month ago and his "companion" filed an earlier invalid (according to her) version of his will with the court. She advised the family after his passing that he had a new will drawn up after this previous version but opted not to inform anyone other than her.... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 14, 2021

Whomever could be an heir or beneficiary under his Will should retain an attorney right away.

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1 Answer | Asked in Probate for Florida on
Q: The home I live in is under my mother's revocable living will with her self as beneficiary. She left to me in will.

She passed and her residents has filed on probate to forclose. Will that affect the home I live in?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 12, 2021

Yes, you should hire a Florida probate lawyer immediately.

2 Answers | Asked in Probate for Florida on
Q: Father remarried, died florida with revocable trust made in ca with late wife 1996 funded solely with community propert

that my mother willed to the trust. New wife wants share. Does she get share of full estate, or just share of his half? This was not an a/b trust, and he was able to revoke, modify, etc...what happened to my mother's half??

Barry W. Kaufman
Barry W. Kaufman answered on Apr 10, 2021

You will need to retain an attorney. Nobody online can read the Will or can know what's really going on.

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1 Answer | Asked in Probate for Florida on
Q: Trust Litigation

My father passed away, he had both a trust and a will. My uncle is trustee and refuses to send me an accounting of the trust assets. I believe my ex-husband received my inheritance from my grandparents and I'm certain my father's estate has been handed out to whomever. I don't have... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Apr 8, 2021

You will want to request a copy of the Will and Trust and an inventory and an accounting, the Trustee or Personal Representative of the estate should and or must provide these documents in a timely manner. If already filed you can secure Will and related documents from the clerk of court in county... Read more »

1 Answer | Asked in Probate for Florida on
Q: Since the granddaughter is the only contributor to the estate debts and cannot own the property, can claim be establish

The immediate offsprings are not interested in filing probate and have utilized the bank funds and vehicles(still registered in the deceased name. The granddaughter is the only heir to want to open a probate case to get Administrative Summary of the estate. Is that a doable strategy?

Phillip William Gunthert
Phillip William Gunthert answered on Apr 2, 2021

Yes, when other parties are unable or unwilling to open a probate, then an interested party can pursue and open a probate possibly in order to submit a Will or pursue an Intestate Probate Administration in accordance with Florida Statutory Laws. She is going to need a Florida Probate Attorney if... Read more »

2 Answers | Asked in Probate for Florida on
Q: I have a client to refer. Her grandmother died 3 years ago without a will. The direct sibling has failed to probate

The granddaughter has paid the property taxes for 3 consecutive years. She would like to take ownership of the property. All tax receipts are paid in her name solely. The siblings(her deceased mother was one of them) have failed to file a probate case for the estate but have depleted all other... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2021

A "tax lien" would have nothing to do with it, as far as I can imagine; the "client" is not a governmental entity.

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3 Answers | Asked in Probate for Florida on
Q: I am wondering what type of Deed do I need to transfer property into my name that I inherited? I live in Orlando Fl.

The Will has been filled and I have the death certificate and original Will. I was told that all I had to do was fill out the deed have it notarized and signed by 2 witnesses. Also enclose death certificate and a copy of the Will and take it to the Clerk of the Country Office? Thank you in advance... Read more »

Evelyn Suero
Evelyn Suero answered on Mar 30, 2021

Property that is owned by the estate of a deceased individual is distributed via court order via the probate administration process. Consult with a Florida probate attorney to assist you with opening probate and admitting the last will to probate.

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2 Answers | Asked in Probate for Florida on
Q: How to check status of probate
Phillip William Gunthert
Phillip William Gunthert answered on Mar 29, 2021

You can go to the clerk of the court website and look up the case and you will be able to pull it up to see what is going on. You go the the clerk of the court in the county where the person lived and where the probate was filed. That said, you should be getting timely and regular updates from the... Read more »

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1 Answer | Asked in Real Estate Law, Banking and Probate for Florida on
Q: siblings and I are being sewed by the bank holds the mtg on mother's house who is deceased

If I'm listed as deceased on the doc does the doc have to be refiled with the court?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 28, 2021

You are being sued in foreclosure because your mother, who is deceased, had a mortgage with the lender at the time of her death. You should answer the foreclosure complaint and deny the allegation that you are deceased. The plaintiff can decide whether to amend its complaint. If you were not a... Read more »

1 Answer | Asked in Probate for Florida on
Q: When filing an Election to take Elective Share do I send it by formal notice or via eportal to only the PR's attny

I wasn't sure if I need to send it by formal notice to the attorney and the benes listed on the Pet for Admin or if I am only required to send it to the PR's attorney via the eportal (I believe he will then send it out to the benes by formal notice).

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 22, 2021

Perhaps you should ask your attorney.

2 Answers | Asked in Probate for Florida on
Q: My uncle left my grandmother his sister his house, she would like to sell it. Do we have to go through probate first?

Do you have have to hire a probate lawyer in order to process a will with the court and/or county?

Evelyn Suero
Evelyn Suero answered on Mar 15, 2021

If the Last Will controls how the property is to be distributed, then the estate will have to go through probate administration. A review of the deed of the home will also be necessary to determine the status of the property. Consult with a probate attorney for guidance and representation during... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Hello. My name is chris. I have a probate question

My grandmother died in 2011. My sister lived with her all her life. In 2013 my sister took out a mortgage on her house. In 2014 my sister sold the house in brooklyn new york. I never knew about probate until today. I never cared about the proceeds of the house. My mother was a drug addict all our... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 14, 2021

It looks like your grandmother may have left the property to you sister by a will. But if your grandmother was a New York resident, you should ask this in Justia > Ask a Lawyer > New York > Probate.

1 Answer | Asked in Probate for Florida on
Q: My mother in law purchased a car for my husband and I. We make the payments. She wants to make sure that God forbid

anything happens to her that we get to keep the car, what do we need to file or do?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2021

Add you and your husband to the title. Title determines ownership. HOWEVER, You MUST READ THE FINANCE AGREEMENT (assuming that your mom financed the purchase) to make certain that adding you does not violate the agreement. Also, make certain that you and your husband are properly insured with the... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

I need guidance creating a power of attorney along with other end-of-life affairs with respect to me and my mother.

Mom is in her 80's and we first need a power of attorney to be recorded so that I may legally manage all her finances/accounts as well as update her Last Will &... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Mar 2, 2021

Look for a local estate planning attorney that offers a free consultation. These are all good questions that should be discussed and explained verbally.

2 Answers | Asked in Probate for Florida on
Q: how to recover bounced checks from frozen/closed account when executor of estate won't respond and no probate filed

executor is sole beneficiary (and step brother) but these checks written b4 my father died.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 1, 2021

You are going to need an attorney to file a claim against the estate.

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2 Answers | Asked in Probate for Florida on
Q: My grandfather passed away in 2003 and left a will leaving my aunt as the 1st personal representative and my mom 2nd

In 2015 quit claim deed was signed to my aunt's name which shows her as the property owner for the apartment (which is in st Petersburg fl). When that was done, my aunt completely stopped talking to my mother. Just recently, in Dec 2020 the apartment was put up for sale. It started at 126k,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 25, 2021

Your mother needs to ask questions, not you. It is unethical for attorneys to give legal advice to people, who then pass on the information to the person with the legal issue.

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2 Answers | Asked in Probate for Florida on
Q: My father passed, his will was probated and his home is left to me.

This is Levy County, Florida. My brother is in jail and won’t talk to me. He is serving time for beating our father up. He has tools at the house. Do they belong to me since it is on the property that I inherited? He won’t be out until July.

Phillip William Gunthert
Phillip William Gunthert answered on Feb 24, 2021

It would be assumed that anything in the house would have belonged to your father and came to you through the probate until proven otherwise. Here it is clear that you know that the tools belong to your brother. I would further advise that tools are not worth causing additional and further family... Read more »

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1 Answer | Asked in Probate for Florida on
Q: Should my probate attorney hold onto my deceased relatives estate account checkbook? Or should I?

They want to hold onto the check book for my deceased family members estate bank account so that they can fill them out when necessary and then just have me sign them as personal representative of the estate. I’m not too comfortable with this and wanted to know if it was something that is a... Read more »

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

No, you as the Personal Representative should handle this account and check writing. I assume there is some sort of a trust issue, concern or worry on both sides here for some reason. A Personal Representative should write out checks as directed by the law offices or as reviewed by the law office... Read more »

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