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 »
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 »
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 »
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??
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 »
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 »
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?
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 »
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 »
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 »
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.
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 »
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 »
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).
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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.