T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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... View More

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

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

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

Anita Nguyen Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2023

Can you confirm whether your parents have created a Will or a Trust, ensuring that everyone is aware of the distribution of assets? If they have not done so, it appears that you will have to go through the probate process. It is advisable to consult a Probate lawyer who can assist you in resolving... View More

If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which... View More

This is a form that a Florida Probate Attorney would need to draft based on the circumstances of your probate, it may be available on the clerk of the court website in the county where the probate is taking place, but this is really a form and probate that you need and should use the advice of an... View More

Depending on the case, information regarding the heirs, assets and other statutory required information must be in the form. The form must be tailored by your attorney so that it accurate reflects the facts and circumstances so that it’s a valid Consent. The courts will generally provide a... View More

Normally those assets would pass to joint account survivor or the names beneficiaries in the POD & TOD accounts or beneficiaries named in a life insurance product.

However, if Carpenter factors are alleged e.g., undue influence or violation of a position of trust or the grantor had... View More

It is usually an issue. The order should be specific to deal with this issue. Banks prefer full Letters of Administration. With the right counsel, you should be able to get this done with a detailed letter and if not, amend the Petition and obtain an amended Letters of Administration. You will... View More

This is always a problem with banking institutions and similar institutions, and this is a lesson learned via trial and error by the attorney handling the probate and filing the summary administration. The Attorney will likely have to write a separate letter on letterhead explaining the Summary... View More

If the order of summary administration lists these checks and that they are to be paid 100% to you, then you can get a certified copy of the court order and send it together with the checks which are likely to be made out to the estate of the deceased and have them reissued to you. If the... View More

No, they should and would not unless the probate has been converted to a Formal Probate, otherwise it is a Summary Administration and the person is deemed the Petitioner (with less authority and less power). The paperwork and or the order from the judge should be quite clear on this and if not, you... View More

I am very sorry for your loss on the passing of your brother, please accept my condolences for you and your family. No, what you are being told is only partially correct, you can file a probate right away with the help of a Florida Probate Attorney. Since there is no valid Will, then the Florida... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2023

Yes, a person with a drug charge adjudication withheld can be a personal representative of a probate estate in Florida. There is no specific law that prohibits it. However, the probate judge may consider the person's criminal history when making a decision about whether to appoint them as the... View More

If this is in Florida I would encourage you to speak with a Florida Probate Attorney regarding all of the overriding circumstances of the pending probate. Is there a Will, are there other candidates in the Will, is there is dispute and so forth. Generally, if no one opposes you and no one is... View More

Generally, it depends on what your relationship is to the deceased and what type of the property it is (homestead, etc.). If a probate is done you may be able to take over the mortgage based on Federal Law, otherwise the property will need to be refinanced or sold and potentially go through... View More

If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More

It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More