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Florida Probate Questions & Answers
1 Answer | Asked in Probate for Florida on
Q: Is there a difference between 1)Waiver Comments: & consent - ( name of person) 2) Waiver Comments:/ (name )

My Grandmother had a revocable trust.

And the FIRST information I received a letter

waiver to sign . ( I can go into detail , if it Is private)

I question why only he the trustee and his kids only say waiver comment / (name )

And his sister and her kids say... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 1, 2024

The documents would need to be reviewed by an estate planning and probate attorney because there are a lot of things that can be waived and consented to and done so for various reasons. One of the big things is the naming of a new trustee and or accounting and so forth, in addition, there may a... View More

1 Answer | Asked in Probate for Florida on
Q: Explain "any person entitled to exempt property is required to a file a petition for determination of exempt property

My mother had property that was going to be auctioned off in 2021. She did a quit deed to me. She died in 2023. This property should not be part of the estate. Wondering if I have to declare this in any way. Is this exempt property?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 19, 2024

You really need to work with and speak with a Florida Probate Attorney, but generally, the laws related to exempt property you can find in Florida Statute 732.402 (in part below):

(2) Exempt property shall consist of:

(a) Household furniture, furnishings, and appliances in the...
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1 Answer | Asked in Probate for Florida on
Q: I was left a home that was in a trust, the home was sold.

My friends will in Florida left me her home which was in her trust. The trustee decided that she should be in a assisted living facility so the home was sold and the proceeds invested in the trust accounts. The trustee says that I am not entitled to the proceeds of the sale of the home and that... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 18, 2024

Correct. You have no property rights to the house or to the proceeds of the sale. The Will becomes effective upon death. The trustee is free to dispose of the house to benefit the settler (your friend) during her/his lifetime.

4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Jamy Barreau
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answered on Apr 16, 2024

Please accept my condolences for your loss. Because the bank account was in your husband's name alone, you will have to go through the probate process to gain access. As his wife, you have a right to inherit from him, but you will just have to go through the courts to have that taken care of... View More

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 16, 2024

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. You will need to speak with a Florida Probate Attorney, based on the type of assets and their value will determine the type of probate that is needed,... View More

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4 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: My husband of 30yrs died and the bank says I have no right to the money in his bank accounts. We live in Jacksonville.

My husband was sick in Jacksonville so I came back from Colombia where I was visiting my family. He just died. But I'm not the Beneficiary on his bank account or any accounts. The bank says I cannot access any of the money in our account since my name isn't on. It. What rights do I have?... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 17, 2024

You should make a list of all assets that your husband owned at death. If your husband had a will then property would pass under that will. If he did not have a will, then the assets would pass under the intestate laws of Florida. As a spouse, if a will exists, you either can take under the will or... View More

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: FL: Does selling a property through a Special Magistrate have rules/stipulations on what can be an acceptable offer?

I own a property 50% and an estate owns the other 50% - it is currently up for sale by a realtor but the listing agreement is about to expire and we have not yet sold the property. The executor of estate is threatening to file a Partition that would have a court appointed employee responsible for... View More

James Clifton
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James Clifton
answered on Apr 4, 2024

In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More

1 Answer | Asked in Probate for Florida on
Q: FLORIDA PROBATE INTESTATE Is the PR required to have state certified appraisals on real estate for INVENTORY LIST?

There are 4 real-estate properties plus the homestead house.

James Clifton
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James Clifton
answered on Apr 2, 2024

There is no legal requirement that the personal representative have appraisals done on the property at the time of filing the inventory unless ordered by the judge. However, if there is any doubt as to the value asserted in the inventory, you will want to file an object to the inventory asserting... View More

2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 27, 2024

Title to property will not pass under a will that deeds it to multiple beneficiaries unless they all sign. The exception is if title to the property at decedent’s death was jointly held with your dad and sister jointly or was held by sister alone. Hire a title insurance company to search the... View More

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2 Answers | Asked in Real Estate Law, Civil Litigation and Probate for Florida on
Q: My sister sold my father’s property without giving me my share of the sale which is half according to his will.

My sister sold my father’s property for $24,500 without informing me. According to my father’s will (of which my sister has a copy) I’m supposed to get half of the sale. Dad’s attorney P.B. Howell Jr. passed away in 2006. Dad passed away in 2017. Since my father’s passing, I have been... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 19, 2024

Your inquiry has a very mysterious set of facts. If a Will gives real property (house, condo, land, etc.) to two individuals to share 50/50, the Will must be probated - that is, a petition to open an estate in the Probate Court must be filed, resulting in a Court Order giving 50/50 ownership,... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Father passes wife alive with 3 adult children but one passed away leaving 2 adult children & husband. Division? No will

PR LAW... Each child was granted property while father was alive now 3 rental properties remain. Heard there is a new law. Can you say what percentage to each?

Phillip William Gunthert
Phillip William Gunthert
answered on Mar 4, 2024

I am very sorry for your loss and please accept my condolences for you and your family. When there is no Will, then the Florida Intestate Statutes (without a Will) will apply. If all the children are from this marriage, then the surviving spouse inherits everything. You will need to speak with a... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: If mother died, no will but was married but husband had abandoned the estate after selling everything,

Can the children get the land put in their names , bypass the husband if he's with another and left county, destroy everything on land before leaving, one kid still stays on land and kept it from being condemned for everything the husband done prior to abandoning a junk yard, and sold... View More

James L. Arrasmith
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answered on Mar 1, 2024

In cases where a spouse dies without a will, known as dying "intestate," the distribution of the estate is subject to state laws. Generally, the surviving spouse is entitled to a portion of the estate, with the remainder distributed among the deceased's children. However, if the... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Florida on
Q: Is my husband entitled to any money from father’s house bought in 1981 w/ step-mom?

They had no kids 2gether. She had a couple from previous marriage & he had my husband.

FIL just passed, Step-mom wants to see & move closer to kids near Bradenton. Does my husband get half of house now or after she passes say 20 yrs from now? If she doesn’t volunteer the money, my... View More

Rand Scott Lieber
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answered on Feb 27, 2024

This answer is based on Florida law. It sounds like you are asking about an inheritance. The first thing to do is read the documents (perhaps a will) that states what is supposed to happen with the property. If step mother brings papers to sign either read them carefully or tell her that you want... View More

3 Answers | Asked in Probate for Florida on
Q: If a spouse dies and they have credit card debt, who is responsible for paying if only the spouse is on the card?
Ira Markowitz
Ira Markowitz
answered on Feb 10, 2024

Assuming it’s a Florida probate of a Will the creditor would have to file a claim against the estate and the spouse is not responsible for the decedents credit card debt. If the estate files a timely Obligation to the Claim & serves a Notice to Creditors with that objection then the creditor... View More

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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandfather had a deed done in his trust's name. Is it too late too record it now that he has passed?

My Mom is the trustee and recipient of the contents of the trust. I am trying to help her get that deed recorded so the property can be put into her name.

T. Augustus Claus
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answered on Feb 9, 2024

It is not too late to record a deed even after the grantor, in this case, your grandfather, has passed away, especially if the deed was executed (signed and notarized) properly while he was alive. Since your mother is the trustee and beneficiary of the trust, she has the authority to record the... View More

2 Answers | Asked in Probate for Florida on
Q: Should I get a fl attorney during probate in Missouri.?

I am bio daughter living in FL and mother passed 4 days ago. Brother in Missouri has taken executor roll from my Aunt whom was named by mother 1st. I am getting very minimal information except that her estate is larger amd more complex than thought. Several ins policies and banks ect. Should I get... View More

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

I am very sorry for your loss on the passing of your mom, please accept my condolences at this difficult and sad time for you and your family. 4 days is not a very long time, and it will take some time to get the probate going and find an attorney. You should not expect much information within this... View More

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1 Answer | Asked in Estate Planning, Family Law and Probate for Florida on
Q: If someone listed in a Will has passed, does their portion go to their son or split between the remaining beficiaries.

My Grandfather recently passed, my grandmother several years ago. I'm helping my father with this question. My father and his 4 brothers are listed in the Will as splitting everything equally. One of his brothers passed before my grandmother passed but the Will was never updated. Should my... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 5, 2024

I am sorry for your loss on the passing of your grandfather, please accept my condolences. You will have to review the Will in order to determine what happens to the share, it can go either way based on how the Will was drafted. Often, the share goes to the children of the deceased beneficiary... View More

2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 3, 2024

You should speak with the Trustee of the Trust and review the deed of the property, if the property is already in the Trust, the Trustee should be handling this lease, if the property is outside of the Trust, it should be handled by the Personal Representative (Executor) in the probate, if the deed... View More

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: My grandmother died recently, and she had several rental properties. A tenant moved out, what do I put on the new lease?

The probate process has not started yet (it's in the works). My father is currently the executor of the trust. Seeing as the property is still technically in her name, what would I put on the lease? I'm hoping to get this property rented out ASAP because I'm paying for it out of... View More

T. Augustus Claus
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answered on Feb 2, 2024

In this situation, since the probate process has not yet begun and the property is still technically in your grandmother's name, you should proceed with caution. It's best to consult with your father, the executor of the trust, to determine the appropriate course of action. In the... View More

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Is My Mother Responsible for Paying My Deceased Father’s Medical Bills?

My father recently passed away. He was hospitalized for one year, and his health insurance was not able to cover all of the medical costs. Now, my mother is faced with more than $30,000 in medical bills which she is unable to pay. Is mother responsible for paying my deceased father’s medical... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Feb 2, 2024

I am very sorry for your loss on the passing of your dad, please accept my condolences. The answer to your question is generally "No", you will want to contact and speak with a Florida Probate Attorney as well. As long as your mom did not sign anything and obligate herself to the medical... View More

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