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Florida Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Florida on
Q: can executor cut inheritance $500 each to pay others more when not specified

Grandparent leaves each grandchild $10k, remainder to greats. Can executor cut the $10k by $500 to pay more to the great grandkids when that is not specified? Only that grandchildren each get $10k? I feel that if you don’t have a kid (which would be a great) then you get screwed out of $500 that... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 7, 2020

The personal representative is supposed to follow the Will to the letter.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Adopted son of Deceased heiress had his birthright taken and sold by older executor sibling..... While at war in Vietnam

He was under 21. Any hope of reinstating his adopted birthright?(Kellogg) All the kids were entitled to a dividend check every 5 years.... The oldest sibling was advised by her lawyers that she could take control and sell the dividend rights of the siblings under 21 yrs old. which she did...

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 5, 2020

Assuming this happened during the war in Vietnam, no; the statute of limitations would have tolled any claim he may have had, decades ago. And what do you mean "birthright" should he have inherited something from the "deceased heiress"?

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: How to claim my mothers life insurance the fastest? Been in probate for years I’m only 20 with no family in the US left

My mother and father passed away two days apart my mother first then my father. My mother had a will and setup an irrevocable trust. My mother’s life insurance policy listed my father as primary beneficiary but also listed my grandmother as (contingent beneficiary) she lives in Israel and is not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 27, 2020

A great question to ask your probate lawyer.

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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: If my uncle passed n his last living sibling passed b4 him n I'm the niece am I entitled to anything?

The party that did the paperwork didn't know the other sibling had passed or had any children so im not listed what can I do? Plus the law firm representing the other party wanted me to answer questions pertaining my father which was the sibling that passed b4 my uncle should I answer them or not?

Mr. Long H. Duong
Mr. Long H. Duong answered on Jun 24, 2020

You need to hire an attorney to make sure your rights are established. It appears as though you may have an interest based on the few facts you've given as well as the fact that the attorney is asking you questions.

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: I need help pertaining to my late uncle's estate which I think is now n probate?
Anthony M. Avery
Anthony M. Avery answered on Jun 24, 2020

You probably need to hire a competent attorney in Florida to: check to see if there is a probate administration; check real property records for any ownership by the Uncle; then possibly represent your interests in the Decedent's property.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, can my husband and I witness my father's will if I am a party to the will? I think Florida allows this?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 18, 2020

The law and Florida Statute is as follows;

Florida Statute 732.504 Who may witness.—

(1) Any person competent to be a witness may act as a witness to a will.

(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an...
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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Can a homemade Florida Will be notarized by a notary instead of witnessed by two witnesses?
Seril L Grossfeld
Seril L Grossfeld answered on Jun 18, 2020

To be a valid will it must be witnessed by two attesting witnesses. The will can be self proving by additionally having a notary acknowledge witnessing the signor of the will in addition to the two witnesses. Not having a self proving will means the witness have to be located to execute an oath... Read more »

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2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: My late father left me the beneficiary of 1 of his homes -the others 2 his wife of 3 months. She took what was willed to

The will was made before their marriage and she's taken control of the house solely left to me

House was in his name.only

Charles M.  Baron
Charles M. Baron answered on Jun 15, 2020

You did not ask a question. Is your question: "Is there something I can do legally to take control of the property that I inherited, when my late father's wife is taking control?" ? Assuming you are an adult, the answer to that question is "of course", with the sole... Read more »

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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Hello, My wife and I are in our early 60's and have been married 38 years.

We are estranged from our 34 year old son.

The last contact I had with my son was in February 2020, as my father-in-laws time drew near, we called our son to make him aware of his grandfathers health & to give him the opportunity to say goodbye to him. This was met with no response.... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 13, 2020

You should ignore them and not waste any time and effort and expense on doing anything whatsoever. Your son will be well aware of being disinherited at some future point in time. You have zero obligation to leave anything to an adult child whatsoever.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: We need to draw up a Last Will & Testament which incidentally involves a disinheritance. We are in Florida.
Phillip William Gunthert
Phillip William Gunthert answered on Jun 13, 2020

You will want to contact a Florida Estate Planning Attorney and they can help you with a Will, Durable Power of Attorney, Living Will, Florida Healthcare Surrogate, HIPAA Waiver and so forth based on all that you want and what you need covered, also, excluding someone from an estate is also not a... Read more »

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1 Answer | Asked in Probate for Florida on
Q: why on a probate document it would not have me listed as my fathers legal son ?
Phillip William Gunthert
Phillip William Gunthert answered on Jun 10, 2020

It is likely an error or they are trying to avoid you for some reason. You likely want to file a caveat with the clerk of the court/probate court if you have an interest in your father's estate. You should inquire about this error with the person handling the estate (petitioner, personal... Read more »

2 Answers | Asked in Criminal Law, Probate and Elder Law for Florida on
Q: I want to open probate on a will, the decedent passed away in 2012. The will was NEVER recorded & probate NEVER opened.

The direction....

Step #1 Appoint a PR and open probate. This is in Escambia Cty. Florida. A PR was named in the will but they were NEVER appointed & no letters of Admin. sent, but they DID collect/acquire, ALL estate assets. Yes, there are assets: $58K in bank accounts &... Read more »

Cassidy V. Petersen
Cassidy V. Petersen answered on Jun 8, 2020

Good morning,

Thank you for reaching out to our office. At your convenience, please contact us at (321)729-0087 to schedule a consultation with one of our attorneys to discuss your questions further.

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3 Answers | Asked in Probate for Florida on
Q: Is probate required if no one wants anything from the estate?

My sister passed away at 38 years old. She was living paycheck to paycheck and her car was a paid off junker. She owns a home that would have to be short saled or foreclosed because she bought it recently. She has some small credit card debt and a student loan. Do we have to open probate or can we... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jun 7, 2020

I am sorry for your loss and the passing of your sister, please accept my condolences. There is no affirmative duty or responsibility whatsoever to open a probate. You will likely find that people/creditors will possibly try to contact you and or family members but you do not have to do anything.... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My uncle died in CA. He left my dad money. my dad died in MI. Before he received it. My uncles will states

That the money will go to my dad living right of representation- but my dads girlfriend is saying that money will go into my dads trust. Is this possible/ legal?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 6, 2020

Sure it's possible; one would have to read the will and trust, and then determine if those provisions are consistent with the law of wherever your uncle resided when he died (presumably California).

1 Answer | Asked in Probate for Florida on
Q: I want to get my cousin's death cert. and she died in Bklyn NY I live here in Fl. How can I get for unclaimed funds

I need the certificate for my claim. How do I get it

Evelyn Suero
Evelyn Suero answered on Jun 4, 2020

You can apply for a death certificate via New York Health Dept - Vital Records or through online vendors such as VitalChek.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, Can executor, and alternative be witness as will even if they are relatives?

I live in Florida. I would like to sign a will and last testament. The issue is that my niece, the executor, and her husband, the alternative, are my only witness available. Can they be witnesses and executors? They are not beneficiaries.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

It's not a good idea. Surely you can find someone else to witness the execution of the will.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My grandmother passed. Her friend is POA. I'm beneficiary. What are my rights?

My grandmother passed away and she named her best friend POA over it all. I am the beneficiary. Was told from my grandmother that everything is left to me in the will. I am currently on my way down. But her friend refuses to speak to me or include me in anything. But yet had her husband and friend... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 25, 2020

If you have a copy of the will, you can petition the court to have it admitted to probate. Whoever is appointed personal representative in the will may well be entitled to be appointed PR and be issued letters of administration giving the PR the right to possession of the property. The power of... Read more »

2 Answers | Asked in Criminal Law and Probate for Florida on
Q: Hi my name is jorge i would like to know if i paid a prob i violated would still put me in jail

In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »

Michael Fayard
Michael Fayard answered on May 20, 2020

Jorge:

That's a terrible situation to be in. And I'm sorry they had you pay all of that money just to be told that you have to appear before a judge. In any event, you will probably get a better answer if you post the question in the "PA" law forum instead of Florida....
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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: When siblings are beneficiaries in a will and one is hospitalized with dementia what do you do?

The sibling has no bialogical children but is married

Nina Whitehurst
Nina Whitehurst answered on May 17, 2020

The ill sibling's share must be distributed to him or her without regard for his or her health. His or her attorney in fact or conservator can deposit the check in his or her account and manage the funds for him or her. If he or she does not have an attorney in fact or conservator then a... Read more »

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Florida law - My father died, with a will, and named my brother as executor. Do I do anything in the meanwhile?

I am wondering if I am supposed to ask for a copy of the will, bank statements, etc. or just wait for the process to take its course. Thanks.

Evelyn Suero
Evelyn Suero answered on May 13, 2020

My condolences for your loss. You can follow up with your brother regarding beginning the probate administration of the estate. Per Florida law, the last will must be deposited with the clerk of court within 10 days of after receiving notice of death. While any interested party can petition the... Read more »

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