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Florida Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My father died in July 2019 and he had a will for me but he is married to another women, how can I go about it?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 20, 2019

Advice: Find a copy of the Will and keep it handy. You may need it soon.

Your father's wife may not be able to get everything he had; however, under Florida law a married man cannot exclude his wife completely from his estate. In fact, your father's wife is entitled to the contents of...
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2 Answers | Asked in Probate for Florida on
Q: My brother passed away unexpectedly, I was his poa. No will no executor what do m.j I do now to take care of his stuff

Has 2 kids 19 and 21 which they abbonden there dad 10 years ago, I want them to get some of his things what should I do and how? Had no will, no executor, left me in charge but not on paper, worried 2 estranged sons will try to take everything when I need to pay his Bill's, I've already played for... Read more »

Sherri Stinson
Sherri Stinson answered on Nov 14, 2019

Any authority you had as power of attorney terminated at the time your brother died. Unfortunately, this case demonstrates why everyone should have a will. Without a will (called "intestate") means that people you may not want to receive your assets will inherit. Unless you've affirmatively... Read more »

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2 Answers | Asked in Probate and Estate Planning for Florida on
Q: My father had no will and my brother didn't even contact me to let me know he passed he is trying to take it all
Nina Whitehurst
Nina Whitehurst answered on Nov 13, 2019

Hire a probate attorney near where your father last resided to help you open a probate and petition to have yourself appointed as the personal representative of your father's estate. You can then ask the judge to order your brother to turn over all of your father's assets to be distributed... Read more »

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1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: Is a person who now owns a mortgaged home via JTWROS now exposed to a lawsuit by the lender if unable to pay payments?

Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 12, 2019

Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person... Read more »

1 Answer | Asked in Probate for Florida on
Q: I am the only child my father died three weeks ago in Puerto rico is asking me for money I don't know where to start

Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 7, 2019

Condolences. But this has nothing to do with Florida law. You need to ask your question in Justia › Ask a Lawyer › Puerto Rico › Probate ›.

3 Answers | Asked in Probate for Florida on
Q: I am the only child my father died three weeks ago and his wife is asking me for money I don't know where to start to lo

Looking to see what I have inherited I don't have any papers either need help my dad left a property that he always said that it would be mine when he passed away now his wife said it's hers they've been married since 2001 and the property was bought before they were married when he was with my mom

Seril L Grossfeld
Seril L Grossfeld answered on Nov 7, 2019

You need to see a probate attorney in your area. If your father did not leave a will then the assets may be split between you and his surviving wife. If there was a will there will might be a different split of property.

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1 Answer | Asked in Adoption, Estate Planning and Probate for Florida on
Q: recently connected to biological father. my name was changed at a young age, he wants to add me to his will, how to?

he will not add me using my name, currently use. asked me to change name back to birth name, which I will not do(40 years of current name). would I need my original birth certificate in order to obtain the benefits of his will/estate? both my mother and adoptive father(whose name I took) are... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 6, 2019

Getting a copy of your birth certificate will not help. Unless you are listed in your biological father's current will as a beneficiary, and unless the will is probated, you will not be able to get anything from his estate after he dies.

2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: What is statute? If someone has dimentia and it’s medical records can they change poa and will
Jason E. Neufeld
Jason E. Neufeld answered on Nov 6, 2019

Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.

Dementia is a spectrum....
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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I need to file a Summary of Administration, my spouse left me the house in his will. He passed away 2017 I pay all mtg

Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.

Mr. Long H. Duong
Mr. Long H. Duong answered on Nov 5, 2019

Miami Dade is easily the slowest county for probate in this state. We handle them there all the time and there’s not much to do but get it filed, jump through their extra hoops and hurdles and wait for them to get around to responding to you. I strongly recommend you hire an attorney.

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1 Answer | Asked in Probate for Florida on
Q: My son lives in Florida with the mom he just got put on probation and now my wife wonts him to come live with me in al

Alabama I cant leave the state and my wife cant live state how can we get this done my mom or my girlfriend has agreed to go get him if that will work

Seril L Grossfeld
Seril L Grossfeld answered on Oct 31, 2019

What has this got to do with probate which is estates and guardianships, try re posting under a criminal law topic

1 Answer | Asked in Probate for Florida on
Q: Me and my wife have agreed that my son needs to come live with me in another state but he is on probation what do I do

I really cant got to Florida I just started this new job but I could send my mom or my girlfriend to pick him up if need be and she cant leave Florida bc she is on probation so we really need to get this solved as to how we can do this

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 31, 2019

This has nothing to do with probate (That would be disposition of property belonging to deceased people.), but is a matter of criminal law.

So your son is here in Florida, wants to leave Florida to live with you (rather than a "she" (perhaps the son's mother?) who is also on Florida...
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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: I am my parents primary caretaker and I have moved in with them full-time.

I am my parents primary caretaker and I have moved in with them full-time. What rights do I have as a caretaker and living in their home? Are there any legal documents that should be in place to protect me and/or my parent? And what type of law this is fall under, family law or elder law?

Rand Scott Lieber
Rand Scott Lieber answered on Oct 29, 2019

In whatever state you are living with your parents you need to go see an estate planning attorney. They can help with the documents that you need for yourself and your parents.

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1 Answer | Asked in Probate for Florida on
Q: My mother passed away w/o a will and I am now filing a petition for probate. Understanding Arkansas law as it relates

to real estate, could her home, my stepfathers 1/3 life estate, be sold to cover her debts? Please advise.

Mr. Long H. Duong
Mr. Long H. Duong answered on Oct 29, 2019

Hello: Looks like you'll want to pose this question to the Arkansas section. These rules, if they exist, are state specific.

1 Answer | Asked in Probate for Florida on
Q: what happens when the beneficiaries of a trust can not be located in the state of florida
Seril L Grossfeld
Seril L Grossfeld answered on Oct 29, 2019

It is the trustee's job to find the beneficiaries. Beneficiaries to a trust or will can be located anywhere, they are still beneficiaries and need to receive notice. There are companies that do heir searches, in addition to search engines on the internet, relatives may know the whereabouts of the... Read more »

1 Answer | Asked in Probate for Florida on
Q: Uncle changed will after grandfather passed. Will stated if wife pass then home go’s to grandkids which was named.

My grandmother only son was not named on will from grandfather. His wishes was house go’s to wife and if something happens to her then it goes to three grandchildren whom they Raised together. But son of my grandmother took her somewhere to put him as next to receive home... I found a copy of the... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 28, 2019

It sounds like your grandfather's will was written to provide that the house was to go to his wife if she survived him, otherwise to his grandchildren, and that's what happened. Once his wife inherited the house she could leave it in her will to whomever she wished. If your grandfather had... Read more »

1 Answer | Asked in Probate for Florida on
Q: How to proceed with probate of property in Florida?

My fathers mother passed away a few months ago. There are six siblings in all. They do not all agree on how the land with the home is to be divided. The will states that all assets are to be divided equally (only asset is the land and family home). One of the brothers had the land surveyed and... Read more »

Ben F Meek III
Ben F Meek III answered on Oct 24, 2019

The short answer is maybe. There are generally two options when co-owners are partitioning or being subjected to partition of land: (a) in kind (what has been proposed by the surveying sibling); or (b) by sale and dividing the proceeds. If one of the siblings files a suit or demand for... Read more »

3 Answers | Asked in Insurance Bad Faith, Estate Planning and Probate for Florida on
Q: My brother's life insurance company is asking for a Legal Representative form. Where can I find this document?

My brother passed away he did not leave a will, he has no assets. Unfortunately he died 4 days before the contestable period ended for his life insurance policy. I am his beneficiary. The insurance company is asking for a Legal Representative form from me. How do I obtain this form? The... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 21, 2019

You should schedule a consultation with a local estate attorney to look at what documents you have and review your situation.

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I'm one of 3 people as tenants in common on a deed. 1 died 30 years ago , 1 is 96 yrs old. How should I proceed?

The one who died is my brother

and his wife also died long ago.

They have 4 adult children.

The 96 year old, my sister, lives in the condo in North Carolina.

Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 15, 2019

Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Can my dead sister's husband claim my sister's inheritance?

My mother owned a piece of real property when she passed away. There was no Will. There were two lineal descendants which are my sister and I. My sister and her husband moved into the house. We never made a claim of the inheritance with the courts. My sister passed away with no lineal descendants.... Read more »

Romy B. Jurado
Romy B. Jurado answered on Oct 13, 2019

Hi, he may have a claim, but you may have one too. You should meet with a Florida Probate attorney to examine the dates and facts to determine your rights and actions you must take.

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1 Answer | Asked in Legal Malpractice, Probate, Securities Law and Stockbroker Fraud for Florida on
Q: Can a Florida spouse/POA/ PR be sued to recover inheritances after estate admin closed?

If illegal/egregious actions by stepmother/POA/PR were recently learned of by daughter beneficiaries, and estate admin was closed August, 2018, do we have options to sue or recover estate assets (money)? (Date of death 5/2017) One of several issues involves fathers long-time advisor. Investment... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 10, 2019

At this point you should probably see an attorney who specializes in securities fraud to ascertain whether you have an action against the investment firm for changing type of account without proper authority.

Other issue is whether there was fraud on the court as far as the probate...
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