Get free answers to your Probate legal questions from lawyers in your area.
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More 
answered on Mar 22, 2025
You should have submitted and claimed all of these expenses with receipts with the probate court during the probate, where was your probate attorney while this was going on? You may have to try to go back and reopen probate and get it addressed there, or you may have to try to file a lawsuit in a... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More
answered on Mar 23, 2025
If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which... View More
I inherited a Florida homestead legally through probate court in 2024. I was already residing in the home with my mother before she passed away, and this is my permanent residence. However, the homestead property tax exemption was removed because the property appraiser claimed I did not own the... View More
answered on Mar 21, 2025
If the probate had been done and completed and the property transferred to you via Petition to Determine Homestead Status of Real Property, you should be able to record the court order and that will prove your ownership and you can apply for Homestead for tax purposes, you will not be able to carry... View More
My father passed away in 2018 while living in Panama City, Florida. There is no record of a will or probate case. I recently discovered that he has unclaimed property (a checking account) listed with the Florida unclaimed property division. I live in California, and I have one brother—there are... View More
answered on Mar 21, 2025
Generally, when there is no Will, the Florida Intestate Statutes (without a Will) are going to apply, this usually means to the surviving spouse, the children in equal shares and so forth according to Florida Statute. Whether a probate is required the Florida Department of Financial Services will... View More
My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?
answered on Mar 19, 2025
I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.
If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.
If no probate was commenced,... View More
My mom recently passed away, and I have been living with her for 15 years. During this time, I have been the one paying the mortgage, although I am not on the deed. There is no will, but my brother has no interest in the house. My mother intended to leave the house to me, and we were in the process... View More
answered on Mar 11, 2025
In order to get the property into your name, you will need to file for probate. If the house is the only asset of your mother, you can file for summary administration and establish the property as her homestead. The property will then transfer to you and your brother. Last, he will need to sign a... View More
My mom recently passed away, and I have been living with her for 15 years. During this time, I have been the one paying the mortgage, although I am not on the deed. There is no will, but my brother has no interest in the house. My mother intended to leave the house to me, and we were in the process... View More
answered on Mar 11, 2025
I am sorry for your loss on the passing of your mom, please accept my condolences for you and your family at this sad time. When there is no Will, the Florida Intestate (without a Will) Statutes are applied. This basically means that assets go to the surviving spouse, if there is no spouse it goes... View More
In accordance with Florida law, can a revocable trust be executed or delivered if the assets, such as bank investments and real estate, were not transferred into the trust account before the grantor's death? My aunt passed away in September 2024, and her lawyer did not explain that the assets... View More
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answered on Mar 10, 2025
In Florida, a revocable trust must have assets properly funded into it during the grantor’s lifetime to fully function as intended. If assets like bank accounts and real estate were not transferred before your aunt’s passing, those assets may need to go through probate to be moved into the... View More
My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More
answered on Mar 10, 2025
Your sister has an affirmative duty to submit any will to the clerk of the court within 10 days of passing, since this has not been done and 5 years have passed already, you can start a probate yourself, you do not need your sister or the Will. If there is a Will she will bring it forward once you... View More
My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More
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answered on Mar 10, 2025
You have several legal options to address this situation in Florida:
Demand Filing of the Will – Florida law (Fla. Stat. § 732.901) requires the custodian of a will to file it with the court within 10 days of learning of the testator’s death. You can send a formal written request to... View More
I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More
answered on Mar 5, 2025
An Enhanced Life Estate Deed (Ladybird Deed) is one option to accomplish your stated goal and will avoid probate, if that person predeceases you, that will be a problem, and you will probably end up right back in probate. While a Trust would cost more, it would also avoid probate and give you say... View More
I'm considering adding a name to my home deed using a Lady Bird Johnson deed for the purpose of survivorship and avoiding probate since I do not have a will. The deed is currently solely in my name, and there are no mortgages or liens on the property. I have not yet consulted with a lawyer and... View More
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answered on Mar 10, 2025
A Lady Bird Deed (Enhanced Life Estate Deed) is a great way to avoid probate while keeping full control of your property during your lifetime. It allows you to name a beneficiary who will automatically inherit the home upon your passing, without the need for probate. You can sell, mortgage, or... View More
I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well.... View More
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answered on Mar 10, 2025
In Florida, if your grandmother passed away without a will (intestate), her property would typically pass to her heirs under Florida intestacy laws (Fla. Stat. § 732.103). Since your mother (her daughter) is deceased, her share would likely pass to you and your sibling, while your uncle, as her... View More
I have been living in my deceased grandmother’s property since it was built in 1990. She did not leave a will or legal documents for the property. I am her first grandchild and her daughter, my mother, is also deceased. My uncle, her surviving son, and my younger sibling are involved as well.... View More
answered on Mar 5, 2025
Generally, you would need to review the deed of the property and see what it states specifically with respect to ownership rights. If the property was in your grandmother's name alone and she is deceased with no Will, then the Florida Intestate Statutes *without a Will" are going to... View More
I recently discovered alterations to my late husband's death certificate when I tried to obtain a new copy after a house fire. I've also found that someone obtained a probate letter for his estate without my knowledge or consent. I was married to my husband for 21 years. Despite reaching... View More
answered on Mar 3, 2025
You will need to provide a copy of your marriage certificate to the Florida Department of Health to get the death certificate corrected. You will also need to intervene in the probate case to assert your rights as spouse of the deceased. If the probate case is closed, you will need to motion to... View More
I have been with my partner for 9 years, and we are planning to get married soon. I own a home with a mortgage balance of $195,000, which I plan to pay off when I sell this house and move further south in Florida. I want to ensure that if I pass away, my husband will inherit the new home, car,... View More
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answered on Mar 10, 2025
To ensure your future husband inherits everything without probate, a trust is the best option. While adding him as a co-owner with rights of survivorship on the new home would allow him to inherit it automatically, your other assets—like your car, jewelry, and personal belongings—would still... View More
I have been with my partner for 9 years, and we are planning to get married soon. I own a home with a mortgage balance of $195,000, which I plan to pay off when I sell this house and move further south in Florida. I want to ensure that if I pass away, my husband will inherit the new home, car,... View More
answered on Mar 3, 2025
While you can accomplish the goal in the manner that you have described (adding to deed, joint accounts, pay on death and transfer on death), it would be advised and wise to work with an estate planning attorney to accomplish these goals. While a Will is going to need to be probated and it would... View More
I've been living with my partner in Florida for over 10 years. In the event of my partner's death, I'm listed in their will to receive the house and any money that may be coming. There are no other heirs who might contest the will, it was notarized with witnesses, and there are no... View More
answered on Mar 3, 2025
If you are listed as what is called the remainder beneficiary to receive the "rest, residue, and remainder" of the estate, then you would be entitled to any asset that was part of that remainder including proceeds from settlement. The remainder would not include any asset that passed... View More
I've been living with my partner in Florida for over 10 years. In the event of my partner's death, I'm listed in their will to receive the house and any money that may be coming. There are no other heirs who might contest the will, it was notarized with witnesses, and there are no... View More
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answered on Mar 10, 2025
In Florida, a properly executed will (signed, witnessed, and notarized) generally ensures that you inherit as specified. However, lawsuit proceeds may not automatically be covered if they are not explicitly mentioned in the will. If the estate is the beneficiary of the lawsuit, the funds will pass... View More
The other beneficiaries and I have no trust in the executor of a will, as we believe he is misusing or stealing from the estate's funds. Since the person who owned the estate passed away about 3 months ago, none of the beneficiaries have been informed about what is happening with the estate.... View More
answered on Mar 2, 2025
It depends where the probate is taking place as the laws vary from state to state, if this is Florida, there are affirmative duties and timelines for various matters related to the Executor (called a Personal Representative in Florida). Once a probate commences you should be able to get an... View More
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