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Florida Probate Questions & Answers
2 Answers | Asked in Probate for Florida on
Q: My father passed in 2008 in Allegheny County, PA. I am the son, sole survivor, and reside in FL.

NJ has $781 in my dad's unclaimed funds and I am trying to establish ownership. The court in PA wants me to get a lawyer and file probate ($180). Any way to streamline this NJ process?

James L. Arrasmith
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answered on Dec 14, 2023

To streamline the process of claiming unclaimed funds in New Jersey as the sole survivor of your father, who passed away in Pennsylvania, there are a few steps you can take. First, reach out to the unclaimed funds office in New Jersey to inquire if they have specific requirements for heirs claiming... View More

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How do I find out where the money from the sale of a house is at?

My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 12, 2023

You will want to take a look at the clerk of the court probate documents in the county where this took place, there should be status and resolution updates related to the home and other matters related to probate and assets. You may end up having to hire your own probate attorney if this is... View More

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How do I find out where the money from the sale of a house is at?

My mother passed away a few years ago and I still haven’t seen any money from the sale. The proceeds were to be split 50/50 between my sister and I. She hired a lawyer to oversee the sale of the house and claims no money has been dispersed but I have no way of knowing. She won’t talk to me and... View More

James Clifton
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James Clifton
answered on Dec 12, 2023

You can review the court docket for the probate case to see what has taken place. You can also review the real estate records to see if the property has sold. If you are not satisfied with the way the estate is being handled and believe waste is taking place, you may petition the court to... View More

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: File will if the only asset is a joint bank account?

Unfortunately my grandmother just passed and I’m helping my mother in getting everything organized. My grandmother has a will requesting her assets be split between her 3 children. The only assets she had when she passed is a checking account that my mom is joint owner on and some personal items... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 6, 2023

I am very sorry for your loss on the passing of your grandmother, please accept my condolences for you and your family at this sad and difficult time. The answer to your question is generally no, if there are no assets in your grandmother's name alone, then no probate will be necessary,... View More

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1 Answer | Asked in Family Law and Probate for Florida on
Q: My Father,Unmarried, passed away in Puerto Rico November 2023. His legal will was made in Puerto Rico by an Attorney.

HE was born in Puerto Rico. His will states ALL his Property & Assets are to be Equally divided to his 2 Biological Daughters (two different wives) & StepDaughter. He owns 2 Homes & Parcel of Land & no mortgage in Ceiba, Puerto Rico & 1Condo Property in Pompano Beach, Fl with... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 4, 2023

I am very sorry for your loss on the passing of your father, please accept my condolences at this sad and difficult time for you and your family. Since your father owned property in both states, some version of probate will be required in both states. You will want a Florida Probate Attorney to... View More

1 Answer | Asked in Family Law, Real Estate Law, Estate Planning and Probate for Florida on
Q: Does a grandchild inherit what portion was going to belong to their parent if they also are deceased?

My father passed away and my brother did also years ago. Does my brothers children inherit his part of my fathers inheritance? How does that work

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 30, 2023

I am very sorry for your loss the passing of your father, please accept my condolences for you and your family and this difficult and sad time. Generally, it depends, was there a Will and or a Trust, is there a surviving spouse. If there is no Will or estate planning, then it may also depend on... View More

2 Answers | Asked in Probate for Florida on
Q: My brother just passed away in Florida. I am next of kin and live in another state. I am heading to Florida and making

arrangements for his funeral. i have a key to his house and have stayed with him many times. He also set up a bank account with both our names. He told me to pay his bills if he could not. I have no legal paper to show that I can do things on his behalf. He died unexpectedly. I had recently been... View More

Evelyn Suero
Evelyn Suero
answered on Nov 27, 2023

Very sorry for your loss. The banks and other institutions may require you to obtain Letters of Administration from the probate court in order to manage your deceased brother's affairs as the personal representative. If so, you will need to hire a probate attorney to open a probate... View More

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2 Answers | Asked in Probate for Florida on
Q: My brother just passed away in Florida. I am next of kin and live in another state. I am heading to Florida and making

arrangements for his funeral. i have a key to his house and have stayed with him many times. He also set up a bank account with both our names. He told me to pay his bills if he could not. I have no legal paper to show that I can do things on his behalf. He died unexpectedly. I had recently been... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 27, 2023

I am very sorry for your loss on the passing of your brother, please accept my sympathy and condolences for you and your family at this sad and difficult time. You will want to wait on paying any bills until you speak with a Florida Probate Attorney, much will depend on the type of assets that... View More

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Why do I need a letter of successor for a property that I own with my deceased husband?

Had a fire back in May of this year. Finally got the insurance check after my husband died. Mortgage company isn't accepting his death certificate as a reason he didn't sign the check. But are requesting that I send them a letter of success.

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 26, 2023

I am very sorry for your loss on the passing of your husband, please accept my condolences for you and you family at this sad and difficult time. It is likely that you may need some version of probate, either a Summary Administration or if you really need Letters of Administration potentially a... View More

1 Answer | Asked in Probate for Florida on
Q: I was left as beneficiary to150k in cash and 120 in stocks. Ive got a doctor letter staring he was able to make financia
Phillip William Gunthert
Phillip William Gunthert
answered on Nov 25, 2023

I am very sorry for your loss and please accept my condolences for you and your family at this sad and difficult time ongoing. You will want and likely need to work with a Florida Probate Attorney if you have not already spoken to one, your question was cut off so you will need to provide... View More

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: My dad passed. He wanted me to have his car. I have the title and I`m one of 3 POA's. How do I transfer his car title?

I am trying to transfer and register the car over to myself. I would like to know how I go about that.

Ira Markowitz
Ira Markowitz
answered on Nov 24, 2023

I’m sorry for your loss

The Power of attorney is no longer in effect upon your Father’s death

However, if he left a Tangible personal property list giving you the car or bequeath the car to you in his will you can get the car titled in you name

A Tag agency with that...
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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What is Specific devise in regards to deceased spouse owned property

Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.

I need to file a petition to transfer the property to my name.

The joint property looks like I don’t need to do anything until I sell it

Anita Nguyen
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answered on Dec 3, 2023

Transferring assets from a deceased individual to another party can be a complicated undertaking. To safeguard against potential legal disputes in the future, it is advisable to seek legal counsel from a lawyer who can assist you throughout this intricate procedure. Furthermore, the lawyer can... View More

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: What is Specific devise in regards to deceased spouse owned property

Spouses Sister is executor of the estate and her lawyer mentioned specific devise in regards to the house in deceased spouse’s name only.

I need to file a petition to transfer the property to my name.

The joint property looks like I don’t need to do anything until I sell it

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 22, 2023

I am very sorry for your loss and the passing of your spouse, please accept my condolences for you and your family at this difficult and sad time. Generally, and you should have the property deed reviewed and all documents reviewed by your own probate attorney, but generally, the property should... View More

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: Marion County 3 names on deed 1 has passed Home paid for Can death cert be used with quit claim deed?
Phillip William Gunthert
Phillip William Gunthert
answered on Nov 19, 2023

You need to have the property deed reviewed, if it is with rights of survivorship then the recording of the death certificate would likely be sufficient and the two remaining owners own the property, if this is not the case and there is no survivorship rights, then you will be stuck with and... View More

4 Answers | Asked in Probate for Florida on
Q: Father passed away. He left me as beneficiary on bank account and his stocks. Is this able to be contested by siblings ?

What are the tax implications after receiving beneficiary funds?

James Clifton
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James Clifton
answered on Nov 16, 2023

The appointment of you as beneficiary can be challenged on standard contractual grounds such as duress, fraud, undue influence, among others.

Many payable on death beneficiary arrangements such as life insurance are not taxable. This is not tax advice. You need to seek the assistance of a...
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4 Answers | Asked in Probate for Florida on
Q: Father passed away. He left me as beneficiary on bank account and his stocks. Is this able to be contested by siblings ?

What are the tax implications after receiving beneficiary funds?

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 16, 2023

Yes, while it should pass to you outside of probate, they can dispute these assets and their transfer to you on various grounds such as undue influence, your dad's mental capacity, amongst others. So, siblings can try to make things difficult, and you would need legal counsel to fight any such... View More

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4 Answers | Asked in Probate for Florida on
Q: Father passed away. He left me as beneficiary on bank account and his stocks. Is this able to be contested by siblings ?

What are the tax implications after receiving beneficiary funds?

T. Augustus Claus
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answered on Nov 16, 2023

Yes, your siblings can contest your father's will if they believe that you were not the intended beneficiary of his assets or that the will was improperly executed. However, it is important to note that it is difficult to contest a will successfully, and your siblings must have a strong case... View More

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3 Answers | Asked in Probate for Florida on
Q: As an heir should I sign the Petition for Letters of Administration if it has missing pages?
Phillip William Gunthert
Phillip William Gunthert
answered on Nov 15, 2023

I would not advise that you sign any documents without your own probate attorney and definitely not anything with missing pages that your own attorney has not reviewed on your behalf and based on your interests as a beneficiary of the estate. If you have any doubts or concerns and even generally,... View More

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3 Answers | Asked in Probate for Florida on
Q: As an heir should I sign the Petition for Letters of Administration if it has missing pages?
Carol Larmond Grant
Carol Larmond Grant
answered on Nov 15, 2023

Thank you for your question. Usually, the only person who needs to sign the Petition for Administration is the person requesting to be appointed as the Personal Representative or Executor. In any event, you should not sign any documents without having them reviewed by an attorney and you definitely... View More

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: deceased mother left no will for her estate she left behind 6 children and 1 dies. Now there are 5 living. children of

deceased child left 3 kids who want their mothers portion of estate. 5 living siblings all agree to sale property-3 kids refuse to sell. How to proceed w/o kids?

Phillip William Gunthert
Phillip William Gunthert
answered on Nov 14, 2023

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. You need to have a probate attorney review the property deed and then there needs to be a probate if the issue is not clear or addressed via deed. When a probate is done the property... View More

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