Anwar Elias Hadeed Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 10, 2025

In Florida, a properly executed will (signed, witnessed, and notarized) generally ensures that you inherit as specified. However, lawsuit proceeds may not automatically be covered if they are not explicitly mentioned in the will. If the estate is the beneficiary of the lawsuit, the funds will pass... View More

It depends where the probate is taking place as the laws vary from state to state, if this is Florida, there are affirmative duties and timelines for various matters related to the Executor (called a Personal Representative in Florida). Once a probate commences you should be able to get an... View More

A point of note, a joint owner of an account usually becomes the sole owner of the account upon the other person's passing, there is no probate of that asset and the joint owner becomes the owner of the entire account and all of its monies. A beneficiary of the Will would have no rights or... View More

The answer depends on a few factors, but first, a point of clarification. If you hold power of attorney for your mother, you no longer have the authority to act on her behalf after her death under that document. If she had a will, the executor named in the will is the person with authority to act... View More

I am very sorry for your loss of your friend, please accept my condolences. You will need to have a probate attorney look at the Will in order to determine if it is valid and enforceable, generally it will need to have two witnesses and the signature of the testator (the deceased). The property... View More

One would have to read the clause to know what it means. Sometimes attorneys who draft documents think they need to include "boilerplate" language to cover very unlikely but possible occurrences. It is included sometimes because that's what is "always done", but for no... View More

It usually means that any legally adopted children are treated in the same manner as any biological children, you likely need to have it reviewed and or explained by your current attorney or another estate planning attorney. The adoption language is indeed generic/boiler plate language often as a... View More

If there have been no adoptions in your family, then this clause would not affect anything. It would be considered boilerplate that you can ignore. If there were an adoption in the family, then this clause, depending on what it says, would either include or exclude the adopted person.

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2025

You might want to get warranty deeds from your siblings as to their interests in the property now while they are agreeable, but not record them. The further assurances/forever defend covenant clause invokes after acquired title, so when they get title at Parents' death it immediately inures... View More

The home would pass to the surviving joint tenant named on the deed. Because the mortgage is secured by the real property, the ownership of the home by the surviving joint tenant is still subject to the mortgage. In cases like this when there is no probate required, the surviving owner should first... View More

Anwar Elias Hadeed Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025

In Florida, you may take the following legal steps to reclaim your belongings and your fiancé’s possessions:

File a Police Report – Even if you initially avoided reporting the break-in, you can still file a report for stolen property, especially since some items belong to you.... View More

Sorry to hear about your ordeal. If there's a risk of your fiancé's son selling off the items, you need to act fast. Though he legally cannot sell the vehicle without title being transferred in a probate case, he could sell it on the black market, with your items still in there. If... View More

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

As a beneficiary of a Trust, you have numerous rights and the Trustee has substantial affirmative duties and obligations. As a named beneficiary of the Trust, you are entitled to a... View More

Anwar Elias Hadeed Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2025

In Florida, as a trust beneficiary, you have the right to request a copy of the trust under Florida Statutes §736.0813. Trustees must notify beneficiaries within 60 days of the trust becoming irrevocable and provide a copy upon request.

Since your stepmother, likely the trustee, is... View More

I’m sorry to hear about the passing of your loved one. My deepest and sincerest condolences. If you are both on the loan document and are both on the title to the house, then the title will automatically pass to you if its held as joint tenants with rights of survivorship, which normally is how... View More

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. As a surviving spouse and with your name on the property deed, you should be able to assume the mortgage, no refinance or similar needed. You should... View More

You will need to file summary administration in Florida if his estate was valued at less than $75,000. If you had no other siblings, your brother had no spouse or children, and both of your brother's parents are deceased, you would be entitled to 100% of the estate. Your uncle would need to... View More

Since Florida appears to be state of residence it would appear that Florida would be the appropriate start to pursue the probate. Since there are assets in Florida that is another reason why some form of probate will likely be required in the State of Florida.

Any assets in the State of... View More

First, the personal representative needs to be appointed. The personal representative can finalize the estate and determine all of the heirs. They can also evict the felon occupying the property. After that, any heir can force the partition through. The code enforcement liens will not prohibit a... View More

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answered on Feb 2, 2025

The petitioner still has legal options to force the sale of the property despite the stalled probate proceedings and the existing code enforcement lien. Here’s an outline of possible legal steps:

1. Action for Partition

Since the petitioner is a 50% owner as a tenant in common,... View More