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Florida Probate Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: How does life estate work with 50% undivided interest, both life estate tenants in common are deceased.

The home was purchased in 6/95. The deed states "a single woman, as to an undivided 50% interest with Life Estate to **** and same for a single man as to an undivided 50% interest with Life Estate to ****, tenants in common." There are two beneficiaries of the tenant that died in 1996... View More

James Clifton
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James Clifton
answered on Dec 6, 2024

The two heirs of the single woman inherit her 50% of the property. The three heirs of the single man inherit his 50% of the property. Probate will be required for the man and woman for their heirs to take their portions of the property. The previous attorney was probably referring to the tax basis... View More

1 Answer | Asked in Child Support and Probate for Florida on
Q: When I sell my dad home he's deceased. Can child support in NY take areas owed by my brother and it affect my 50%.

Can my brother also sign a document giving me total 100%

James Clifton
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James Clifton
answered on Dec 5, 2024

Child support services cannot take your portion of the inheritance. If it is not too late, your brother can renounce his portion of the inheritance leaving you as the only owner of the property. In that case, child support services would have nothing to go after. A renunciation needs to be filed... View More

4 Answers | Asked in Probate for Florida on
Q: I live in Indiana and inherited a vacant lot in Wakulla Co. Florida. My mom (the original owner) was also a resident of

Indiana. It’s still in her name. I want to sell it. What should I do?

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 29, 2024

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. Some version of Florida Probate is going to be required if the property remains in your mom's name, if a probate was done in Indiana then a secondary Ancillary Probate will likely... View More

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4 Answers | Asked in Probate for Florida on
Q: I live in Indiana and inherited a vacant lot in Wakulla Co. Florida. My mom (the original owner) was also a resident of

Indiana. It’s still in her name. I want to sell it. What should I do?

James Clifton
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James Clifton
answered on Dec 1, 2024

You will need to file probate in Florida. How complicated the process will be depends on if probate has already been filed in Indiana. If it has, ancillary administration can be filed in Florida. If probate has not been filed in Indiana, an original probate must be filed in Florida. If the lot is... View More

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2 Answers | Asked in Probate for Florida on
Q: Am PR for 3 years and feel need to make attorney change. Can I lawfully seek legal consult with others before firing?

Current attorney is non-responsive with same patterns for 3 years. I need help!!

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 6, 2024

Yes, you will have to pay their fees and accumulated and fire them, the issue that arises is that you will also need to pay for the new attorney to get caught up and review matters and then work on progressing the probate onward from that point. You can always pay an attorney for a review and or... View More

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2 Answers | Asked in Probate for Florida on
Q: As I am PR for almost 3yrs for my late father’s estate, am I entitled to see all filings on docket for probate case?

I have requested all docs and information from estate attorney, that I hired, and still no response after 6 days. I see a hearing scheduled for tomorrow with no knowledge of purpose and see filings to judge from another heir that has no attorney.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 31, 2024

You should be getting every single document that is filed ongoing from your probate attorney if you are the named Personal Representative in the Probate Case approved as such by the judge. If you are not being updated and getting documents there is indeed a problem, this is the job of your probate... View More

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2011. I never had the deed transferred in my name. How do I get the deed in my name?

I have kept the property up and have paid all taxes and fees for the property during this time. I acquired it at the time from my 3 siblings.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2024

You will need to have the deed reviewed and you will need to see what interest if any your siblings transferred to you. If the property is in your mom's name still, some version of probate will be required, you will likely need a Florida Probate Attorney in order to accomplish this... View More

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4 Answers | Asked in Probate for Florida on
Q: Am PR for my late father’s estate for almost 3 yrs now. Difficulties working with estate attorney. Options?

Should I have legal representation to deal with estate attorney as PR and as an heir to the estate?

Marc J. Soss
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Marc J. Soss
answered on Oct 24, 2024

As the Personal Representative you are free to engage any attorney you desire to assist you with the probate process. I would express my concerns first to your current and then, if necessary, you can hire a replacement attorney. You must have an attorney assist you through this legal process.

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4 Answers | Asked in Probate for Florida on
Q: Am PR for my late father’s estate for almost 3 yrs now. Difficulties working with estate attorney. Options?

Should I have legal representation to deal with estate attorney as PR and as an heir to the estate?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 24, 2024

One time in my 28 year career I did recommend that my PR client retain a separate attorney to represent them in their capacity as an heir for the limited purpose of explaining how a life estate worked, because they did not agree with my explanation and thought that I was somehow working on behalf... View More

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4 Answers | Asked in Probate for Florida on
Q: Am PR for my late father’s estate for almost 3 yrs now. Difficulties working with estate attorney. Options?

Should I have legal representation to deal with estate attorney as PR and as an heir to the estate?

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2024

There should be no difficulties if you are the Estate PR for probate, the attorney works for you and the estate, if the attorney is not responsive you as the named PR, then it is likely that you should and need to get rid of the estate attorney, their duty is to represent you as the PR, if they are... View More

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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to get reimburse for estate related expenses after Summary Administration order?

Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 22, 2024

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

Anthony Pinizzotto
Anthony Pinizzotto pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 14, 2024

I am very sorry for your loss. If title to the property was in your sister's name alone, then a probate would be required in order to sell the property. If your sister was not married and did not leave minor children, then the property would pass to the beneficiaries under her will or to her... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 14, 2024

Maybe, probably not. If the property is in your sister's name alone, then some version of probate will be required and for this you will need a probate attorney. Your starting point is to have the current deed reviewed to see if there are any survivorship interests or other joint ownership... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

Jacqueline Alicia Salcines
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Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

James Clifton
PREMIUM
James Clifton
answered on Oct 2, 2024

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further...
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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How can I be reimbursed for estate and inherited property-related expenses if probate has been closed?

I am the named PR/executor in a will. There are two beneficiaries, myself and a sibling. The terms of the will are that everything is to be split 50/50 and that all estate-related and inherited property-related expenses are to be paid by the estate, not by me only. The will was admitted to probate... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 2, 2024

If the summary administration is closed and the order determining homestead status or other order distributing the property out of the estate was already signed by the judge (meaning that the real property is no longer in the estate), and the real property was the only asset, it does not make sense... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If a personal representative in Florida misappropriated funds/commits fraud against disabled beneficiary

We're removing PR and resending Letters of Administration due violations under 733.609. Beneficiaries are close blood related. One is permanently disabled. Is there a criminal code for defrauding - intentionally & knowingly, a disabled adult. Under 733.609 PR has violated every aspect of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2024

The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More

2 Answers | Asked in Real Estate Law, Contracts, Estate Planning and Probate for Florida on
Q: After a mortgage holder has died, what happens to the mortgage? Thank you.

If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More

James Clifton
PREMIUM
James Clifton
answered on Sep 14, 2024

If the payee of a mortgage dies, the mortgage is still enforceable. The personal representative of the estate has the right to collect the mortgage payments, foreclose on the mortgage, and otherwise take actions that they deceased would have been able to take until such times as the estate is... View More

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2 Answers | Asked in Real Estate Law, Contracts, Estate Planning and Probate for Florida on
Q: After a mortgage holder has died, what happens to the mortgage? Thank you.

If someone has extended and is holding a personal mortgage to another person for real estate, and receiving payment every month, and then they die, what happens to the mortgage? What is the process for that mortgage? Does it remain in the deceased persons name and still paid to them? Or Is the... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 14, 2024

The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Complicated probate

I have a very complicated situation involving probate. My mother passed and left everything to my father and then he passed and left everything to my brother and I. They passed so soon that money kept coming into the estate. Long story short, the probates were in two separate states, mo and fl,... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 12, 2024

Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney... View More

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