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Florida Probate Questions & Answers
1 Answer | Asked in Probate for Florida on
Q: I am owed money by an individual who passed away the probate attorney told me that I needed to create a creditors claim

But the same lawyer also told me that the company who bought the business that I loaned the money to had filed for me. My question is should I file again on my own behalf

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2022

You need to speak with your own attorney. And don't take the word of the estate's attorney without also getting copies of the pertinent documents.

2 Answers | Asked in Probate for Florida on
Q: Death was 9\15\21. How soon does personal representative have to register will at probate court?

4 children. Personal representative gave 3 of them $146,000. A trust for the diabled 4th child was to be funded with $146,000. No trust yet 9 months later. How much time legally to create trust?

Charles David
Charles David
answered on Jun 7, 2022

There is no time limit or requirement for the nominated personal representative to administer the estate. If they fail to act, another party can choose to put the case through probate. If a personal representative has already been appointed, several factors affect the timing of distributions and... Read more »

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1 Answer | Asked in Family Law, Probate and Estate Planning for Florida on
Q: How much time does a designated Trustee have to register a benefiary trust?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 7, 2022

Florida does not require or have a registration of a Trust. If what you are referencing is a "Notice of Trust", then the rule is upon the death of the person/settlor of the trust. Florida Statute states the following;

736.05055 Notice of trust.—

(1) Upon the death of...
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2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: Hello, I read the following to mean once FL probate is closed a beneficiary can not petition a court for partition.

“Essentially, a partition action is a legal proceeding that forces the sale of a piece of property. In Florida, partition of a property in probate cases is governed by Florida Statute 733.814, which states, “[w]hen two or more beneficiaries are entitled to distribution of undivided interests in... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2022

The estate would be essentially closed when the property is distributed. Thus, if the property has been distributed to the beneficiaries, it would be one of them, not the estate, who would file the partition action.

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: My uncle passed ,he is survived by 2 sisters .He has property in Rincon,Puerto Rico .Who inherits that land.

How does one transfer the deed from the deceased to the living relative? Get the property appraised and put on the market once inheritance is established.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2022

I assume that he didn't reside in Puerto Rico, but in Florida. If so, you (or one of his sisters) need to file a probate petition with the court in the county where your uncle resided. Whoever does this needs to do it through an attorney. You probably also need to file an ancillary probate... Read more »

1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Florida on
Q: What's needed to claim deceased relatives property?

My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on May 31, 2022

Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:

1. Was there any property left to probate at your uncle's passing?...
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1 Answer | Asked in Probate for Florida on
Q: Can I file a creditors claim in my County against a probate estate in another county in Florida?

I loaned the business that I work for a lot of money and all of it was paid back before the gentleman passed away except for $14,000.

Phillip William Gunthert
Phillip William Gunthert
answered on May 24, 2022

No, you need to file it in the County where the probate is taking place and you need to file it timely, all sorts of deadlines can apply and make it potentially uncollectable so be sure to make your claim properly and timely.

1 Answer | Asked in Probate for Florida on
Q: Hi how can I file a claim in my deceased uncle's name I have no idea where to even start

My uncle passed a few years ago I don't really have a lot of information to give I'm sorry

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 17, 2022

Assuming he was a Florida resident, if he was survived by a wife, children (or other descendants), siblings or parents, and if he didn't leave a will, you probably wouldn't inherit anything. Otherwise, you might. If he owned real property, check the appraiser's office in that... Read more »

1 Answer | Asked in Probate for Florida on
Q: Can I sell a house in Florida before or during probate ?
Phillip William Gunthert
Phillip William Gunthert
answered on May 12, 2022

It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer... Read more »

1 Answer | Asked in Business Law and Probate for Florida on
Q: Death of a partner and partnership interest.

A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?

Phillip William Gunthert
Phillip William Gunthert
answered on May 12, 2022

You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will... Read more »

1 Answer | Asked in Probate for Florida on
Q: Should I sign a waiver of service of notice of administration? If I do what does it mean in general?
Phillip William Gunthert
Phillip William Gunthert
answered on May 11, 2022

Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate.... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My cousin passed with no will in place. She did not have children and her spouse passed years before she did.

I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.

Phillip William Gunthert
Phillip William Gunthert
answered on May 8, 2022

I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When... Read more »

1 Answer | Asked in Probate for Florida on
Q: Number 9 on the probate application how do I answer it
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 29, 2022

You are going to need a Florida Probate Attorney to look at the documents. It is additionally likely that if this is a Summary Administration, that you will end up needing and probably be required to have a probate attorney under most circumstances. The court/judge will quickly let you know this in... Read more »

1 Answer | Asked in Probate for Florida on
Q: Petitioners purpose to distribute the estate as follow
Phillip William Gunthert
Phillip William Gunthert
answered on Apr 29, 2022

I think it would be that the Petitioner (in Summary Administration) proposes to distribute the estate in the following manner. These likely relate to proposed orders related to the Summary Administration. If it was a Formal Probate, then it would be a Personal Representative. If you are not sure... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Waiver for discharge, release and receipt that I have been paid but I have not been paid

Requesting my signature stating the pr has paid me full in cash but I have not rcvd any money. Should I sign

Attorney said its normal verbiage

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 27, 2022

Should you sign a receipt for money you didn't receive? Of course not. Tell the attorney (for the PR, I assume) to explain, not simply to tell you that a paper by which you indicate you have received money which you have not received is "normal verbiage".

1 Answer | Asked in Estate Planning, Collections and Probate for Florida on
Q: Can the courts take my inheritance?

Lake County FL courts have a $100,000 lien against me. I need to know if they can take the money my mother left me when she died.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2022

You will want counsel of a competent FL attorney, assuming the legacy is situated in FL. `Exemption Rights will be pertinent here. You may even open up a Trust. This is a public forum and you do not need to talk about this with anyone else but your attorney.

2 Answers | Asked in Estate Planning, Family Law and Probate for Florida on
Q: What are my rights if I am a "issue" of a deceased parent

My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 18, 2022

Yes, you and your siblings (as well as your and your siblings' descendants, if any) are the "issue" of your mother.

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1 Answer | Asked in Consumer Law, Probate and Collections for Florida on
Q: Am I responsible for my deceased husband's judgement ?

My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?

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

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.

As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important...
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1 Answer | Asked in Probate for Florida on
Q: What are the Precedents of a Will

My mother passed away in 2021. She made a Will and left my brother and me with everything. She was married before she died. Her husband is living in the home that they lived in before she died. Does the Will takes precedent over everthing?

Ira Markowitz
Ira Markowitz
answered on Apr 11, 2022

Was the house purchased by her before she married and whose name is on it?

Did she change the title?

1 Answer | Asked in Probate for Florida on
Q: What is the fee? Can we make payments?The will was originally in my boyfriend name he is the son and the aunt the Dad

got sick she then changed the will Michael never got a signed copy of his will she then had it redone to leave everything to her a month before he died

Ira Markowitz
Ira Markowitz
answered on Apr 8, 2022

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