my wifes dad passed away and her stepmother took everything property, vehicles, personal property, life insurance. home aquired before there marrige from inheritance. does my wife have any standing to recieve any of her dads things. she was born in pervious marriage 14 years or so before.
I am very sorry for your loss and please accept my condolences at this difficult time for you and your family. It is likely that you will need to speak with a Florida Probate Attorney, if you do not have a Will and or similar estate planning documents that apply and can be used you are likely stuck...Read more »
I am sorry for your loss and the passing of your brother, please accept my condolences for you and your mom and your family. When there is no Will then the Florida Intestate Statutes (without a Will) are going to apply. Some law offices will work with you based on your circumstances and allow you...Read more »
Yes, a probate will be required and you should speak with a Florida Probate Attorney. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. I would further advise that you get a copy of the property deed and have it reviewed as well, based on how the property...Read more »
If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »
Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine...Read more »
The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case...Read more »
My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »
The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole...Read more »
An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »
Have you asked them to send you the money? What's the real issue? Nobody except the law firm of whom you are a client would know why 9 months have transpired and no call. Perhaps they were waiting for the other case to settle and pay everything at once. Who knows? did you ask them the same...Read more »
I am very sorry for your loss and on the passing of your father, please accept my condolences for you and your family at this difficult time. The answer to your question is that it depends, if what you have is a Will/Trust/Deed that is one thing, if it is not a valid and legal document as listed,...Read more »
My sister died as result of auto accident. All prop damage and medical injury bills are being handled under her auto policy. Other driver sustained minimal injuries and insurance trying to settle under limits of policy. Can we file for Disposition of Personal Prop without Administration while... Read more »
I am so very sorry for your loss. If you properly file the court papers for Disposition of Personal Property Without Administration and provide the appropriate supporting documentation and get the waiver/consent of all the heirs, then the court will prepare the order and the judge will sign it....Read more »
He went to Jamaica to get the marriage annulled but got really sick and died 2 days after he arrived in Jamaica before he had a chance to do so. Is she still entitled to a percentage of his estate that she never visited or lived in or contributed to here in Florida?
The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.
What other documents should I present to... Read more »
I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward...Read more »
One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »
Very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this difficult time. When someone passes away without a Will then the Florida Intestate Statutes (without a Will) apply, while estate matters can be somewhat complicated...Read more »
Getting video from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court to subpoena the gps on my cell... Read more »
mom was longest survivor does dad's Will still have any validity? This year I demolish trailer home to keep property enforcement from court case as I continue to pay for yard upkeep with no cooperation from siblings
Can I put in my name via adverse possession or can will be probated... Read more »
You need to get a copy of the deed and review it. If the deed was only in your grandmother's name and there is no surviving spouse (grandfather) at the time, then it is likely that the property should have gone through some version of probate (or petition for homestead filing) in order to...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.