Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??
answered on Mar 28, 2023
In order to be able to sell anything, the family needs to file for administration of the deceased person's estate in the probate court of the county where the deceased person resided. If there has been no administration filed, you need to act quickly to make that happen so the personal... Read more »
Do anything about that she's taken everything and acts like we don't know each other.. numerous property's, antique car collection plus....
answered on Mar 23, 2023
I am very sorry for your loss on the passing of your dad, please accept my condolences and sympathy for you and your family at this sad and difficult time. Generally, much depends on whether there was a Will/Trust, was there a pre or post-nuptial agreement and furthermore, how were accounts and... Read more »
and then on line 2, the name of her mother's deceased husband as "TTEE" and then my sister's mailing address below that. Can she deposit this check?
answered on Mar 22, 2023
Any check can be deposited. You just need an account in the name of the trust. If you do not have such an account, then you will need to open one. In order to open one you will need a taxpayer ID number for the trust. You are probably also going to need an updated certification of trust. My best... Read more »
What exactly does that mean? Does the son really inherit anything?
answered on Mar 21, 2023
While a review of the estate planning documents/will is needed and necessary, it generally is telling you this; if the spouse dies first then the son can take that designated portion, it is an alternative backup option in the event the spouse dies first. The son only inherits if the spouse is... Read more »
I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... Read more »
answered on Mar 20, 2023
Yes, an ejectment action would be appropriate to remove the occupant. However, they may have an equitable claim for the amounts paid on the mortgage, assuming they paid some portion of the mortgage that they signed for. Please feel free to reach out for a free consultation.
I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... Read more »
answered on Mar 20, 2023
The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... Read more »
To me. The other grandchildren are trying to protest the Will, saying they deserve something too. Can they? Am I considered my grandparents child since they had custody/guardianship over me thru the courts?
answered on Mar 17, 2023
If there is a legal and valid Will that rules the day, whatever they left you in a legal Will is indeed yours, they can try to fight it and make claims, but it is likely a long losing shot on their part unless there was some sort of undue influence or such that can be proven related to the drafting... Read more »
answered on Mar 16, 2023
I am sorry for your loss on the passing of your father-in-law, please accept my sympathy and condolences. Generally, any assets in the name of the deceased will need some version of probate usually, you will need to speak with a Florida Probate Attorney if this is in Florida. With vehicles you will... Read more »
Brothers atty ready to disburse each 15 acres to heirs. Brother refuses to distribute to siblings What to do.
answered on Mar 13, 2023
This matter should and usually is handled via the probate, if it cannot be handled or was not handled in probate then you are potentially stuck with a Partition action, you should try to reach agreement because partition can be costly, best to find resolution amongst yourselves via probate and... Read more »
Son and daughter in law cared for aging parents (homeowners) until their deaths. No WILL. Son continued to pay the mortgage payments until mortgage was paid off. Home developed a slab crack and insurance was cancelled. Home burned to the ground Jan 1 2018. there is no building just land. My... Read more »
answered on Mar 7, 2023
Here is from a basic Google search:
Please call our Customer Service Department at 1-800-414-1226 or 1-800-438-1832 (TDD/TTY Hearing Impaired Only) to find out if your loan is subject to recapture or to receive payoff information.
There is no way anyone can address the rest of your... Read more »
Grounds for will contest is undue influence. I also included the case number for Department of Children and Families / Adult Protective Services Investigation Findings of Financial Exploitation against the same person that filed the fraudulent will in court. I also included supporting documents... Read more »
answered on Mar 2, 2023
It appears that you will have to hire a FL attorney. You will not be able to proceed pro se and accomplish anything. Voluntary Dismissal may be in order, and intervention in the Probate may be a better option.
If someone has an irrevocable Trust for their home that is paid off, can that person sign over a quick claim deed on their home to a different person? My mother in law passed away last year. She has a Trust that gives the house to her 3 children. However in 2020, one of her grandchildren had... Read more »
answered on Feb 27, 2023
In order for the property to be considered part of the trust, known as corpus, the deed to the property must be in the name of the trust. In this case, it sounds like the settlor, the person who created the trust, had not transferred it to the trust and still owned it in her individual name.... Read more »
My father passed away and I am name PR and trustee. His Will states that all assets in his estate be passed to his Revocable trust, however his IRA had no beneficiary listed. Does the IRA need to pass through probate? He did not list his “assets” in the Will.
answered on Feb 27, 2023
When an IRA is owned by an estate as a result of having no beneficiaries, the estate must go undergo probate administration to transfer those assets in accordance with the terms of a will. Genrally, a will must be admitted to the probate court in order for assets belonging to the estate to be... Read more »
I need to put a beneficiary for my 457 and pension plan. My son is only 7. My dad is in his 60's and got remarried a few years ago. I want to know if I should use my son as the beneficiary or my father. I would want my son to have everything of mine, but since he's a minor I want to make... Read more »
answered on Jan 31, 2023
I would encourage you to speak with a Florida Estate Planning Attorney and consider possibly creating a Revocable Trust, the options you have mentioned are problematic because of your dad's second marriage and because your son is so young. If anything happened to you it is likely that your... Read more »
I already have a buyer. Do I need to go through probate or can I just go to a title company present the will and sell the home?
answered on Jan 16, 2023
I am very sorry for your loss on the passing of your mom, please accept my condolences for you and you family at this sad and difficult time. No, that will not work, you will want and need to get a copy of the deed, if your mom's name alone is on the deed the property will need to be probated,... Read more »
One sibling verbally states they want nothing to do with the house but refuses to sign anything, has blocked me from messenger and Facebook and hangs the phone up when called by current lawyer. Unable to get answers from current lawyer, house has been in probate since 2018 and was sold 1 year ago.... Read more »
answered on Jan 13, 2023
You can try to get them to sign a waiver by mailing it to them, if they are and continue to be unresponsive, then petition the court for discharge and closure of the estate and pursue petitioning the court at the same time or advance to deposit their share into the court registry.
My dad filled out a Will years ago when he was a single man. The Will states that a gift be given to his closest friend that lived with him for over 20 years in the house she is to continue to live in the house pay all the expenses for the house mortgage/insurance/utilities and upkeep until she... Read more »
answered on Jan 3, 2023
The Will may be valid but his actual spouse may have a stake in his estate as well. You should contact local counsel to present the Will and explore options.
the clerks office in 9/2013 and he put his property in my name prior to open heart surgery after he i quit claimed his property back to him in 7/2015. We loaned him 70 k in 4/2013 to buy ex wife out of divorce he took a reverse mortgage on his property to pay us back. he passed away in 2022 now... Read more »
answered on Jan 3, 2023
Yes, if they are motivated to try to fight this and make this messy it is possible that they can try to fight this based on claims of undue influence and or similar claims. I am not sure how much luck they will have for a few reasons, there is a divorce which ends the relationship related to the... Read more »
The bank says I need a court order to close it. Balance is roughly $3,000. How do I get a court order?
answered on Dec 30, 2022
Actually, a court order might not be necessary. Call the bank's attention to Florida Statute 735.303 and send them an affidavit as set forth in that statute. The statute can be accessed here:... Read more »
My sister is not providing me with any information about my recently deceased mothers home sale which is supposed to be split between 3 siblings, including myself. She recently asked for money for taxes and insurance so the closing would go through. When i asked her for copy of will, PA agreement,... Read more »
answered on Dec 13, 2022
I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time. A copy of the will should be provided to any beneficiary interested party, if not, Florida Statute requires that it be filed with the clerk of the court... Read more »
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