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Florida Probate Questions & Answers
2 Answers | Asked in Family Law and Probate for Florida on
Q: Man and women are married but do not live together. Women lives with son.

Woman becomes deathly ill with no Power of Atty. Can husband get a POA naming son as beneficiary.

Linda Liang
Linda Liang answered on Jan 19, 2022

Sorry to hear that. If woman is mentally sound, even though she is physically weak, she has to sign her own Power of Attorney.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: if 4 heirs agree to sign affidavits to give a house to 1 heir can the court make them sell the house at market value?

same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?

Justin  Stivers
Justin Stivers answered on Jan 18, 2022

If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market... Read more »

1 Answer | Asked in Probate for Florida on
Q: My mom passed away last june from dementia. She had a will made years ago my dad was her caregiver

I don't even know what was in it or if that would even be valid now because of her being sick. No amount of money would ever bring her back, I have sister which I'm sure has received something but I'm never told anything. I just wanted to know if there's anything I can do? Thanks

Pamela J. Fero Esq.
Pamela J. Fero Esq. answered on Jan 17, 2022

It is the executor's duty to notify you if you are one of the beneficiaries named in the will. If you don't want to wait for the notice, you may go to the court where it was filed (probate court) to find out who the executor is or review the will yourself. Generally, these documents are... Read more »

2 Answers | Asked in Probate for Florida on
Q: Brother died. ins.insurance says to Estate of. For $2,000.00. I am only heir and not beneficiary. Is Probate needed?

I was his Legal Guardian and he lived with me. There was never an estate. Someone must have done it as he needed care all of his life.

Phillip William Gunthert
Phillip William Gunthert answered on Jan 14, 2022

Very sorry for your loss on the passing of your brother, please accept my condolences. Since the check is made out to the estate of your brother you will need to pursue some version of probate. If this is the only asset then you may be able to get the accomplished by filing yourself for Disposition... Read more »

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3 Answers | Asked in Child Custody and Probate for Florida on
Q: My ex husband just passed and owes $15,000 in back child support. Can this be recovered?

There were restraining orders in place as he was found guilty of sexually abusing our son in family court and I had full custody. I am not in contact with his wife or family but I know that he was receiving social security benefits as he was terminally ill and owned a business. I spoke with a good... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Jan 14, 2022

Maybe, it depends on whether there is a probate and what assets exist that are probated. You would make a claim against the probate estate and if there are enough assets then you could possibly get reimbursed. You will want to check with the clerk of the court in the county where he lived to see if... Read more »

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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”

Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.

Barry W. Kaufman
Barry W. Kaufman answered on Jan 12, 2022

You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.

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1 Answer | Asked in Probate for Florida on
Q: Homeowner ins won't send refund to me. House is now in my name. Summary admin. Husband accts closed. Now what?
Lauren Nagel Richardson
Lauren Nagel Richardson answered on Jan 5, 2022

You may need to have your probate lawyer file an amended petition for summary administration to include this refund on the amended petition and proposed amended order of summary administration as an asset, so that you can use the court order to get the refund issued in your name. Another option is... Read more »

3 Answers | Asked in Probate for Florida on
Q: I put personal money in an estate acccount, what do I need to do? Am I going to jail or contempt of court? Or worse

I am the executor of my moms estate.

I am also beneficiary of stocks and were transferred to my account as soon as the death was reported.

As the executor I was told all assets need to be distributed equally. So as soon as I got the stocks I sold them and put the money in the estate... Read more »

Carol Larmond Grant
Carol Larmond Grant answered on Jan 2, 2022

It sounds like there are some misunderstandings about your role and duties as a personal representative. The first thing you should do is reach out to your attorney to get clarification on this issue. If you don't have an attorney you should hire one right away. In the meantime, you should... Read more »

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1 Answer | Asked in Probate for Florida on
Q: My mother died in Florida without a will. I live in Maine so my brother in Florida handled everything through probate.

Most everything was split 50/50, but now that things have settled ,my brother wants me to send him $10,000 to pay various friends who my mother owed. Also for his lost wages and a car that a bank forced him to pay for. How will I know the truth?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2021

If your mother's estate went through Probate anywhere in Florida the Probate Court that handled it has online records and documents filed of the Probate.

However, many Probate documents and Court records are not public; so unless you hire a Florida lawyer to look at the online records...
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1 Answer | Asked in Probate for Florida on
Q: Hi I just need some answers. Ok my ex mother in law passed away about 1 yr ago. She had a will and she left the house

To her daughter the next is her son. Ok no trustee and son is in prison and daughter is a felon Junkie. No job I just need to know. Can she get the deed transferred in her name ? Can she sell the house without going through probate she just wants the money. And the son doesn’t want to sell... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Dec 18, 2021

Probably Not, you will want to get a copy of the current deed and see how the property is precisely held, it is possible that based on how the deed is held that the property might transfer more simply. The daughter would have to be named on the deed with rights of survivorship, for example (joint... Read more »

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My father passed a few months ago and only listed my little sister on the policy. I am his first born son. Any help

Can I get help with recovering any of the policy payout.

Phillip William Gunthert
Phillip William Gunthert answered on Dec 17, 2021

I am very sorry for your loss on the passing of your father, please accept my condolences. The only assets that will go through probate are the ones in your father's name alone. If a probate has not been done and there are any assets of this type, they will be handled at that time via the... Read more »

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3 Answers | Asked in Business Formation, Contracts, Mergers & Acquisitions and Probate for Florida on
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT

DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE

Phillip William Gunthert
Phillip William Gunthert answered on Dec 15, 2021

I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is unknown, but probably not until you pro vide more details and specifics. You will need to start by getting a copy of the current... Read more »

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1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: Can someone claim adverse possession of a property owned by a deceased person?

My father passed in 2012, one of his daughters has been paying the taxes for his home in vacation home in Florida for the past 7 or so years, but has never asserted any actual ownership (while quietly paying the property taxes). On the revenue departments website the account shows "estate of... Read more »

Jane Kim
Jane Kim answered on Dec 9, 2021

Sounds like she could have a viable claim for adverse possession. A lawyer would have to review the facts in detail. And statute of limitations to probate an estate has passed, which is 2 years. I'd still ask a probate lawyer...

1 Answer | Asked in Probate for Florida on
Q: Will I get 50% of the house fund if my sister buys me out of our jointly inherited house. No mention of fund in trust.

My mother died and left all her estate and assets in a trust for myself and my sister. 50% each.

Included in the trust is a house in Florida, along with a house fund to run it so that the house will never cost us anything. My sister raised the possibility of buying me out. If we did this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 5, 2021

You indicate that the trust includes "a house fund to run" the house, but you also indicate that "There is no mention of the fund" in the trust. Which is it, does the trust mention the house fund or not? Because interpreting the pertinent language, presumably of the trust, is... Read more »

1 Answer | Asked in Estate Planning, Banking and Probate for Florida on
Q: What can I doto prove to banks that POA can close CD'S in trust and transfer to trust acc. grantor, bank,trust is in FL

Grantor is in assisted living and can't leave. She has CD'S at many banks held in a grantor trust. She wants POAs to close them and deposit to 1 trust account.

Some of banks are wanting proof of incapacitated from DR. Poa specifically says they can do trust accounts and is not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

1. There is no law or "article" that you can use to "prove them wrong."

2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.

3. If you will turn this around and look at it from THEIR position you...
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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How to add my sister and my name to the title of a property after my mother passed away.

The property is owned by my mother, aunt and uncle. All of the them are on the title. My mother passed away in 2016 without a will. For clarity, there are no family issues and my aunt and uncle agree that my sister and I should be added to the title in place of my mother who passed away. What steps... Read more »

Jane Kim
Jane Kim answered on Nov 24, 2021

It should be probated. You need a probate lawyer.

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1 Answer | Asked in Criminal Law and Probate for Florida on
Q: I was picked up for a vop warrant out of Baker County and released now they are trying to record me for the same thing

I signed waiver of extradition they never came and got me and I was released

Michael  Mayoral
Michael Mayoral answered on Nov 22, 2021

Whether or not the county where your VOP is decided to pick you up and extradite you does not change the status of your VOP. You should immediately consult with a criminal defense attorney in your area to try and resolve the VOP.

1 Answer | Asked in Family Law and Probate for Florida on
Q: I have owned my house for 12 years. I have remarried and want to put her name on it. What are the procedures to do so?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 20, 2021

The easy answer is to do a quit claim deed from you to her and you. The much better answer, and the one that I urge you to follow, is to consult with an estate planning lawyer to make certain that not only is the transfer done properly, but that the transfer is done in light of any tax or other... Read more »

1 Answer | Asked in Probate for Florida on
Q: My step sister preceded her husband in death , days later he passed away. His brother took steps to become executor.

We were told there is no will , are assets divided equally to her heirs or do all assets go to his heirs?

Is there a cause for action, can we ask for or make a claim against the estate which will no doubt have to be probated ?

Please Advise

Thank you

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 16, 2021

If there is no will, the wife's heirs would be determined by reference to the intestacy statutes. Who applied to be personal representative (or "executor") is immaterial.

Florida Statute 732.103 Share of other heirs.— provides in pertinent part that:

"The...
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2 Answers | Asked in Probate for Florida on
Q: Is a date of death appraisal ever used with heirs who are disputing value when a house is in probate?

I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 10, 2021

I am sorry for your loss on the passing of your partner, please accept my condolences at this difficult time. Normally a probate property should/must be appraised within 6 months of death. With both of your names on the property as 50/50 owners, your partners half will have to go through probate... Read more »

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