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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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.
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.
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 »
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 »
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 »
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 »
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.
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 »
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 »
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.
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 »
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 »
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 »
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 »
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 »
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