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Does CU have right of offset? Or can I pay for cremation with her funds?
answered on Jul 24, 2024
The credit union may offset and pay her credit card debt with her savings.
This Estate is in Pasco County, Florida.
answered on Jun 10, 2024
You should respond if you disagree with the compromise of claim terms. Otherwise, you do not need to respond. They will become effective if there are no objections filed.
Schedule a free consultation to make sure your interest in the estate is protected.
I am a Florida resident. I'm drafting my will, no descendants, I'm married and my husband's family are the best qualified, but they don't live in Florida. I have nobody in Florida to choose, or blood relatives anywhere that would take the job. It's my understanding that I... View More 
answered on Apr 10, 2024
You can always name a financial institution like US Trust, B of A, Wells or Chase. I would reach out to them to see if they would consent to such an appointment.
Two beneficiaries of estate. One beneficiary has paid 100% of all estate and inherited-house-related expenses totaling over $56k. The other beneficiary has paid zero. The summary administration was (1) because there were no non-exempt assets, (2) for speed of completion and (3) because both... View More
answered on Feb 7, 2024
It is unlikely you can reopen or convert a completed probate. However, you could bring an action to partition the property and seek an accounting and contribution to offset the additional expenses incurred. Schedule a free consultation to determine if a partition is the correct action for your... View More
i was notified after the 3 month dead line to challenge the will
i was also not included in the service or the memorial because i did not know.
The personal representative who was also my brother’s girlfriend had the most to gain out of the will- is what she did legal?
answered on Dec 10, 2023
What makes you think that it's too late for you to challenge the will? You should consult with an attorney to see what your remedy might be.
I an a named heir (beneficiary) in will and listed as beneficiary on inherited property original deed. I have been paying my portion of property taxes every year. Another heir (beneficiary) removed one of the co-administrators (heir also) and replaced with themselves co-administrator without... View More
answered on Dec 7, 2023
You recourse is to retain a probate attorney to review all the filings and determine your next steps.
PI case not related to the decedent's death was settled by the legal rep as an individual and the settlement check was made payable to the Legal Rep as an individual the plaintiff's attorney to be disbursed. So does the settlement check have to go through the estate if the personal injury... View More
Last year my daughter's father suddenly passed away. She inherited his home as well as a small mortgage.
Being the mother of the child I have been appointed as her legal guardian. The property has been put in her name and this is causing a ton of problems, for example most insurances... View More
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answered on Dec 3, 2023
I'm unsure if you have already consulted with an attorney as of now. If you haven't, it is crucial that you promptly get in touch with a lawyer to receive guidance throughout this complex procedure. Moreover, the lawyer can provide assistance regarding any possible tax consequences. It is... View More
My parents accumulated a massive amount of stuff over their nearly 2 centuries of combined life together. I have been working 15 hours a day for the last 12 months both on sorting through and disposing of that stuff as well as making repairs to the house. The other beneficiary who owns or will own... View More
answered on Nov 11, 2023
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
example of the form?
answered on Nov 9, 2023
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
My mother passed away recently. There were 2 children/beneficiaries. The other one is making my life a living hell and causing as much trouble as possible with the house and car - complicating every aspect of the probate process and trying to take everything. The house is exempt because it is a... View More
answered on Nov 4, 2023
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
My Dad's wife passed away in September, can I challenge the will?
answered on Oct 29, 2023
If your father's will has not been probated, the enforceability of the will can be challenged on the basis of fraud, undue influence, or duress, among others. Schedule a free consultation to make sure your inheritance is protected.
In the next couple of months, I expect to receive 3-4 checks of varying amounts between $2k and 4$, all totaling around $12k. Some are IRS refunds, some are prorated insurance premium refunds and some are sold stock shares. I have a will naming me as the executor, the death certificate and will... View More
answered on Oct 27, 2023
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
I was named as the PR for my deceased mother in her will. The other beneficiary hired a lawyer and that lawyer petitioned to be named the PR instead of me. I was forced to object, had a hearing and the result was a conversion to summary administration. I was under the impression that no... View More
answered on Oct 25, 2023
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
Judge said will not properly executed (no proper date and no witnesses). Money is in his checking account. Was told that after two years I can file as if he died intestate and I can claim the money. Is this correct?
answered on Oct 24, 2023
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
Checking account that has a different person as beneficiary
answered on Oct 18, 2023
The wife may be entitled to an elective share of the checking account even if it had a payable on death beneficiary other than the wife. The elective share amount is 30% of the value of the asset.
Drug charge is 12 years old. Adjudication withheld, NOT A CONVICTED FELON. Applied for and granted a CONCEALED CARRY PERMIT 1 year ago from state of Florida.
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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
answered on Oct 10, 2023
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
My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More
answered on Sep 28, 2023
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
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