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Florida Probate Questions & Answers
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....
Read more »

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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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1 Answer | Asked in Probate and Estate Planning for Florida on
Q: What happens with the homestead home if my wife dies ? No easy answer I think, these are the facts: (1) Mary and

her only two adult children buy a house in 2009 to qualify for a mortgage. Title is owned by all three. Children never lived in the house. (2) in 2013 the future husband moves and joins Mary in the house. (3) In 2014 they marry in Florida, (4) Let's say Mary dies in 2020, what percentage of... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 13, 2020

Homesteads generally pass outside of probate; the fact that title to the house was jointly owned by 2 other people, neither of whom was the husband, makes it more likely that the house is not part of the decedent's estate and that title remained in the the other 2 owners' hands. I... Read more »

3 Answers | Asked in Probate for Florida on
Q: Can a will and probate be filed in the Supreme Court in the state of Florida?
Barry W. Kaufman
Barry W. Kaufman answered on May 7, 2020

No. Only the circuit courts in each county have jurisdiction to consider a probate matter. You must deposit the Will and file the probate in the deceased person's county of residence at his time of death. Please consult a lawyer before you do anything else.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Can a declaration of heir's be done in Orlando florida to be used in Puerto Rico.

My grandfather and grandmother died and my brother's and I became heir's in place of my mother who is deceased. My question is, we live in Florida can a declaration of heir's made here have validation in Puerto Rico. Thank you.

Terrence H Thorgaard
Terrence H Thorgaard answered on May 1, 2020

That is a question you should have asked in Justia > Ask a Lawyer > Puerto Rico; it's a matter of Puerto Rican Law, not Florida Law.

3 Answers | Asked in Probate for Florida on
Q: My mom passed no will left a house my sister wants her name on quick claim deed doesn't want my name on it can both our
Nina Whitehurst
Nina Whitehurst answered on Apr 27, 2020

When there is no will, inheritance is determined by the laws of intestate succession. After the house has been re-titled in your names along with the names of any other heirs you can sell your share to your sister.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My mother and her brother were listed as owners of my Grandma's house...

My mom had to take her name of the title due to her getting Dementia and having to claim Bankruptcy so she could afford a nursing home and they wouldn't take the house since my Grandma was still alive and occupied the house. Well my Grandma has since passed away along with my mother. My... Read more »

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

Once your mom signed over the deed to someone else, it was no longer her house. The owner of record now is entitled to the proceeds of the sale, and none of the sale proceeds is a part of your mother's estate. If your Grandmother became the owner, it's possible, depending on whether she... Read more »

2 Answers | Asked in Collections and Probate for Florida on
Q: I have a final judgment on an ex. He owned property but signed QCD to girlfriend days before recent death. Can I collect
Seril L Grossfeld
Seril L Grossfeld answered on Apr 24, 2020

That may depend on whether the judgment was a lien on the real property. In order for the judgment to be a lien on real property you have to have had recorded a certified copy of the judgment on the public records in the county where the property is located. This serves as a lien with limited... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Will I be able to claim an insurance policy for my deceased sister?

My sister passed away last year, as well as my grandmother. She had a life insurance policy through the Gerber Grow Up plan, which ended up being almost $30,000. My dad is the beneficiary, who has been homeless & a drug addict for over 10 years. We can't even get ahold of him to claim... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 24, 2020

If your father is named as the beneficiary, he is entitled to it. However she may be able to obtain a writ of garnishment for the child support and then garnish the insurance proceeds (for $20,000 anyway) in the hands of the insurance company.

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: My husband passed without a will and he owned a property that was not our homestead but we used it for rental income.

I, as the surviving spouse want to sell this property (FL) and need to probate it because I am not on the deed, only my husband. He and I had 2 children together who are minors and he had one adult child from a previous relationship as do I. I was advised that upon the sale I am entitled to 50% of... Read more »

Christin Coleman Gallardo
Christin Coleman Gallardo answered on Apr 22, 2020

That's not correct.

You are entitled to 50% of the estate per 732.102.

Per 732.103, The remaining 50% of the estate is shared by your husband's three children equally, so they each are entitled to approximately 16.6%

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1 Answer | Asked in Probate for Florida on
Q: My fiance showed me a letter of undertaking from the state of Florida. How can I tell if it's authentic?

It is an inheritance distribution undertaking.

Barry W. Kaufman
Barry W. Kaufman answered on Apr 16, 2020

I don't practice probate, but even I have never heard of an "inheritance distribution undertaking", and generally the State of Florida is not involved in probate matters unless there's a tax issue.

Since we cant see what document you are inquiring about, you might want...
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3 Answers | Asked in Estate Planning and Probate for Florida on
Q: My Parents have a will and estate I represent. My fathers alive. Is anyone even a brothers attorney entitled to them now

My parents made me the youngest of 3 children their guardian and estate executor of all their assets. This was done to make sure all matters go well, and as they wish when they both pass away, Mom has passed and dad is currently in a memory care at 87 years old. I am now being approached by my... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Apr 16, 2020

You are not required to share those documents with your brother or any other person until you need to go to court to execute their estate plans. I would not share them as they are private documents that your parents entrusted to you until they are needed.

Good luck!

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I have been with the father of my children for 11 years. The house is in his name only. Without a will, if something

Were to happen to him (God forbid), what would happen to the house? Would it go to our children (they're only 6 and 3)?

He recently got in a car accident, and luckily was ok, but just got me thinking about the future! Thanks!

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 15, 2020

It would be best if he transferred the property to you and himself, as husband and wife. Then upon the demise of the first of you, the other spouse would have full title to the property. Without your name on the deed, you would get a life estate in the property with ownership to your children,... Read more »

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3 Answers | Asked in Probate for Florida on
Q: How can i find out if estate has paid off car that was left to me? Agent told me i have to refinance what is due

My boyfriend who left the car to me told me that estate will pay it off.

Barry W. Kaufman
Barry W. Kaufman answered on Apr 14, 2020

You should contact the personal representative of the estate. Leaving the car to you doesn't mean that the estate will pay off the loan, absent specific instructions in the Will.

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5 Answers | Asked in Estate Planning and Probate for Florida on
Q: Hello,My mom recently passed away in Florida. She has two IRA accounts, a 401k and life insurance with no will. She

had only two heirs, my sister and I, but I live out of the country and unable to return any time soon because of COVID-19. Her accounts total about $30k not including the life insurance. I am worried my sister will be able to take everything as I am not there. She has also already forcibly taken... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Apr 14, 2020

You should hire a probate attorney to assist you. Normally assets such as life insurance policies, and retirement accounts, such as IRA accounts and 401k allow the owner of the account to name beneficiaries and these assets pass outside of an estate to the named beneficiary. If there is no named... Read more »

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1 Answer | Asked in Criminal Law and Probate for Florida on
Q: what's the most likely outcome of a felony probation violation by misd. battery charge?

I live with a POS housemate I'd love gone. he is currently on felony probation for fleeing/eluding a LEO. recently he was arrested for battery (date violence). he was released the next day but it's unclear to me whether he's out on bond or the charge was dropped. from my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 14, 2020

Not really. If he in fact didn't do anything wrong, but was arrested for no good reason, it could be that it's not a probation violation.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My spouse died and wanted to know if life insurance policies are taxable. Also, should I take a lump sum for deposit
Nina Whitehurst
Nina Whitehurst answered on Apr 13, 2020

If the insured was also the owner of the policy, then the proceeds are includable in the decedent's estate for estate tax purposes. The proceeds are not taxable income to the beneficiaries. Whether you should take a lump sum or some other payment method is a question for your financial... Read more »

1 Answer | Asked in Probate for Florida on
Q: If my Grandparents left me 10 acres out of 40 when they died do the property and buildings on it belong to me
Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2020

Did both do so in their wills, and were the wills probated?

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