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

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

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

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

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

Assuming the mother was a resident of Florida when she died, a Florida probate case probably must first be filed. He, of course, would need an attorney licensed to practice law in Florida.

What is your question?

If your brother was appointed as personal representative in a probate case, you could, obviously, sue him for your share. If your brother wasn't so appointed, you could institute a probate action, and demand that the purchaser, and/or the title insurance... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 18, 2024

Hire a FL attorney to at least examine the proffered Will for proper execution and terms. Many computer wills are insufficient and rarely executed properly. If the document is not a proper will then someone needs to file a Will Contest, which is expensive.

You can call the Clerk 's office and ask.

As you have explained it, the funds belong to your mother, so they should be part of her estate. However, a review of the lease could change the answer to your questions. For instance, if you were on the lease or there was an assignment clause.

Unfortunately, the change to the will would need to have the formalities necessary to create a legally binding will - the maker is of sound mind, the will is written or typed, the will is signed by the maker, and two witnesses sign the will in the presence of the maker. During COVID, a new law was... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 8, 2024

Yes... You need a FL attorney to file suit and file the suit as a Claim Against The Estate. The Fiduciary for the Estate is a named defendant. You need witnesses as the Dead Man Statute will rule inadmissible some otherwise evidence.

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The... View More

This is a Georgia Corporate Law question. Please pose it to Georgia lawyers who practice corporate law.

If you or anyone else has gone out of pocket for final expenses such as funeral expenses or attorney fees, and there is no cash in the estate, yes, when the property is listed and there is an upcoming closing, the people who paid final expenses can be reimbursed on the closing statement as a... View More

You will have to ask your attorney for copies, or you will have to contact the clerk of the court and request and pay for copies of the documents that you need.

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

I'm sorry to hear about your loss and the difficult situation you're facing. When someone passes away without a will in Florida, the process to retrieve their remaining assets, like your father's $1,800 held by the state, is known as intestate succession. Since the amount is... View More