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Florida Probate Questions & Answers
2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle.

Hello, I need legal aid, my name and a few other family members name is on a home that was left to us by an uncle, who died and left his home and property to his brothers children, myself and my two sisters name is on the home because my mother who is now deceased was and heir(one of his nieces),... View More

Nicole Deese Newlon
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answered on Jan 5, 2024

A list of legal aid providers can be found here: https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Self-Help-Information/Legal-Aid. If you are in Orange County, you are served by Community Legal Services of Mid-Florida, Inc.

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2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: I am living in a gated 55 plus community where I was willed the estate a 74 year old man whom I was his live in caretake

Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 2, 2024

This is and will be a Florida Probate matter that will need to be addressed with the help of a probate attorney, the attorney will let you know the type probate that will be required and how to address any of your concerns and issues. The Will should be copied and reviewed by an attorney, the... View More

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2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: I am living in a gated 55 plus community where I was willed the estate a 74 year old man whom I was his live in caretake

Live in caretaker, although I'm 41, the mobile home park knew I was there for 2 years, they accepted my first lot payment, refused my 2 nd one which I have proof I tried to pay it. Then through Atlas law group out of Tampa they served me an eviction letter and for a month straight I was... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2024

If he left the property to you in his last will and testament, you don't need additional notarized document to that effect., because the will itself should have been notarized. A will doesn't take effect automatically; you should talk to an attorney about applying to the courts to have... View More

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2 Answers | Asked in Probate for Florida on
Q: Florida death. Zero assets. Im named Executor, but No plan to file will. How to cash $600 check made to Estate of?

I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 29, 2023

I am very sorry for your loss and please accept my condolences. There is no requirement to pursue, file or do a probate whatsoever, no one is obligated to do so and any interested part if so motivated can file for a probate. One obligation that does exist whether you file a probate or not is to... View More

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2 Answers | Asked in Probate for Florida on
Q: Florida death. Zero assets. Im named Executor, but No plan to file will. How to cash $600 check made to Estate of?

I didn’t want to file Summary Probate because costs and hassle are disproportionate in order to cash this small check. Deceased was elderly. No debts. No family. I’m Named as executor in his will, but saw no need to even file it with the court, much less open probate since there’s no estate... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Dec 30, 2023

Unfortunately, you will need an order from a judge for the check to be reissued to an individual, not the estate. If you or anyone else paid funeral expenses or final medical bills out of pocket, you can file a disposition of personal property without administration for which the clerk of court... View More

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2 Answers | Asked in Probate for Florida on
Q: I have a seller who dad has passed away and he wants to sell the Land property. does he need to hire a attorney

Hello,

I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"

Phillip William Gunthert
Phillip William Gunthert
answered on Dec 18, 2023

A review of the property deed would be necessary and helpful to start, but if the property is in the name of the deceased father alone, then some version of probate will be required, and an attorney will be needed in most all circumstances. Based on the type of property (Homestead) or other and the... View More

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2 Answers | Asked in Probate for Florida on
Q: I have a seller who dad has passed away and he wants to sell the Land property. does he need to hire a attorney

Hello,

I'm helping a seller looking to sell their Florida land, which needs to go through probate due to their father's passing. I'd like to know if hiring an attorney is necessary for transferring the deed to the seller's name, and what the expected fees for this service might be. Thank you!"

Evelyn Suero
Evelyn Suero
answered on Dec 18, 2023

Depending on the facts of the case, date of death, value of property, etc., the property may have to be administered under formal or summary administration, and will likely require an attorney because it is a complicated process. This heir should consult with a probate attorney to discuss and... View More

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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

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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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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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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