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Florida Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Probate of a Florida lawful will be required to have it accepted by the property registrar's office of Puerto Rico.?

My late brother resided in Florida and had his will prepared there (Orlando), and also he has a property in Puerto Rico. His widow had submitted thru her lawyer all the required documents to the property registrar's office, but they kept rejecting it, alleging that the will must be submitted... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 16, 2023

What the property registrar's office told you is correct. A probate petition must first be filed in the state of the testator's residence, in this case Florida.

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Beneficiary who is not executor has filed for formal administration without executor's knowledge or permission.

Parent died several months ago. One of two beneficiaries live overseas, the other (named executor in will which was filed with the court) is working on getting house and contents of house disposed of and ready for sale. Beneficiary had taken care of all requirements and has been keeping overseas... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Aug 11, 2023

You would need to hire an attorney and file a counter petition within the answer period. Then the Court will set a hearing.

2 Answers | Asked in Real Estate Law, Elder Law and Probate for Florida on
Q: Ok, my brother did a quitclaim deed stating my mother signed. My mom was in the hospital on hospice on a vent. Help.

Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?

James Clifton
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James Clifton
answered on Aug 7, 2023

In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More

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1 Answer | Asked in Probate for Florida on
Q: I reopen probate because l was not notified l bought my land they lied to evade me. How long tell my court date

I served formal notice

Cesar Mejia Duenas
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answered on Aug 4, 2023

Unfortunately, your question is vague as it does not identify what is your position in this scenario and does not identify who are those who lied to you. The mechanics of court procedures often require that you file a notice with the court upon reviewing the Judge's availability. You should... View More

1 Answer | Asked in Probate for Florida on
Q: How do I obtain a “certified copy of legal probate documentation” and proof that the deceased is the same individual?

Mother passed in 2017. I am her sole living heir and was able to claim her physical belongings and car title at the time of her death. I just became aware that she has a small bank account on the Florida Unclaimed Property website, and I want to submit a claim for it. It is asking for a... View More

James Clifton
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James Clifton
answered on Aug 4, 2023

You will need some form of probate completed to show you are the sole living heir. A summary administration or disposition without administration should be the easiest route depending on the amount of money in the bank account. You can also typically provide a death certificate that has the social... View More

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My friend has been paying the taxes on 2 properties of his deceased friend. How can he acquire title to said properties?

He has paid the taxes from 2018-2022.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 29, 2023

Assuming that he doesn't have "color of title" (something in writing giving him a claim to the property), he must comply with Florida Statute 95.18 (entitled "Real property actions: adverse possession without color of title").

That statute requires that he make...
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1 Answer | Asked in Probate for Florida on
Q: Do I need to start a probate case if my mother has majority personal property?

There is a will and a life estate that is transferring to me. Do I need to do a notice of administrative?

Phillip William Gunthert
Phillip William Gunthert
answered on Jul 28, 2023

Generally, if there are any assets in the name of the deceased alone, then a probate will more than likely be required of one type or another. You will need to provide additional details to a Florida Probate Attorney and they will need to review the Will/Property Deed and the circumstances so they... View More

2 Answers | Asked in Probate for Florida on
Q: My father passed, leaving my mother. How to transfer title of car to her? No estate/probate, car only asset

He had credit card debt, so a signed affidavit that he had no debt isn’t possible, but everything I read says that affidavit is required in this scenario- but everything I read also says car should be exempt? If car is exempt from credit card debtor, how do we transfer ownership to my mother if... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Jul 20, 2023

If your mom has moved to another state, you should be able to skip the step of transferring title in Florida by taking the Florida title and his death certificate to the tag office in the state where she resides and see what title transfer on death form that state uses. In Florida probate is not... View More

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: I am an heir to the property in Georgia that my father owned. Now homes are built upon this property.What's my next step

My cousins were living on the property as I had been informed.No one sent any information about lumber being sold. I want to know if it is Heir property, should all of his children be notified of this occurrence!

Are we able to retrieve what has been taken without the proper procedure!?... View More

Anthony M. Avery
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answered on Jul 18, 2023

Initially hire a GA attorney to investigate the real properties. At least a title search is required, possibly looking at a probate file or other Court records. If no will, then probably Father's heirs own property, which may include you. Determine heirship and thus owners as tenants in... View More

1 Answer | Asked in Probate for Florida on
Q: I live in florida. I received a certified letter address to the estate of my husband. He has no estate can I sign for it
James Clifton
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James Clifton
answered on Jul 14, 2023

Yes, be prepared to show a death certificate and possibly a copy of the will. If there is no will, just keep a copy of the death certificate handy. If the post office is being very stubborn and the mail is of critical importance, you may have to open an estate for your husband to settle his affairs... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Sibling moved into house before probate finalized. Also, added an rv and rented out the property, and a studio.

I have a legal fiduciary, granted by the courts, he is ignoring this matter.

James Clifton
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James Clifton
answered on Jul 12, 2023

If he is violating Florida laws or a probate court order regarding your duty as the personal representative, you can request that the court hold the sibling in contempt. It is typically an in-depth legal request, so you will likely want an attorney to represent you. Schedule a free consultation to... View More

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3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: If I sell a home that my deceased ex-husband and I owned, how much do I owe his adult children?

I have been paying the mortgage and taxes alone since his death.

James Clifton
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James Clifton
answered on Jul 12, 2023

If you held the title as tenants in common with your ex-husband, his children are entitled to half of the proceeds from the sale, if they are his only heirs. However, the divorce decree may have a provision in it relating to the disposition of the real estate which could affect how the title to the... View More

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Is there a website in FL with info on how to take a property out of a Trust and transfer the deed to Trustee? Thank you.

My brother passed away, left me his Trust. I am the Executor, Trustee, Beneficiary. The property in his Trust is a single family home in Florida, paid in full, no mortgage. Do I use a Quit Claim or a Grant Deed in FL? Thank you.

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

I am very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this sad and difficult time. Based on what was done and what needs to be done you should speak with a Florida Probate Attorney, it will also depend on who survived your... View More

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2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: Can more than one person's death be included in an affidavit of survivorship?

My parents and I were joint tenants with rights of survivorship. They have both passed away, but my mother's death was never recorded (she died a few years ago). I am not sure how to proceed. Can they both be named as decedents in the affidavit of survivorship?

Cesar Mejia Duenas
Cesar Mejia Duenas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 4, 2023

When a property is held as Joint Tenants with Rights of Survivorship (JTROS), or as Tenants By the Entirety (TBE), the property passes to the surviving tenant. Once the first of your parents passed away, the property passed by operation of law to the other surviving spouse. Thus, the probate... View More

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2 Answers | Asked in Probate for Florida on
Q: How can I do things like cash a check made out to my deceased father without probate?

I am in Florida. I have the death certificate and a will that specifies me as the executor. There are no non-exempt assets, so nothing going into probate. However I am filing a Petition for Summary Administration anyway because it is my understanding that the Petition to Declare Homestead Property... View More

Evelyn Suero
Evelyn Suero
answered on Jul 10, 2023

An order of Summary Administration can be used to distribute a decedent's accounts, however for the Petition, you will need to provide values for the accounts and other assets of the estate in order to determine if the estate qualifies for Summary Administration. Unfortunately many banks and... View More

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2 Answers | Asked in Civil Litigation and Probate for Florida on
Q: Is it against the law for tenants in common to destroy co-owned property (ex: doors to the house, doors and walls)?

This is a Probate case in FLORIDA and the police won't arrest the tenant in common that has destroyed property.

Charles M.  Baron
Charles M. Baron
answered on Jul 7, 2023

You are apparently asking if it's a crime for a co-owner to maliciously (NOT carelessly or accidentally) damage portions of his/her residential property, correct? While the other co-owner in that situation is a crime victim, for various reasons, the police might consider it to be only a civil... View More

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3 Answers | Asked in Probate for Florida on
Q: My sister passed before she could sign the durable power of attorney. The only thing she has is a bank account .

How do I access it? I have a copy of her DL and death certificate which I signed.

James Clifton
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James Clifton
answered on Jul 3, 2023

You can file for summary administration as long as the bank account does not hold more than $75,000 and there are no other non-exempt assets. A durable power of attorney has no effect following the death of the signer, so it wouldn't have worked anyway. Schedule a free consultation to make... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I am the executor of my father's estate. I need to know how to keep my father's house insured until the deed is changed.

I was told by the agent that I needed to send the death certificate and a copy of the will showing me as the executor. I did this weeks ago and then received a renewal bill in the mail from the company not showing any change to my father's name on the policy. The current policy which I paid in... View More

Brigid M. Hopkins
Brigid M. Hopkins
answered on Jun 29, 2023

The Estate itself can ensure the property. You may want the assistance of an experienced probate/trust administration attorney to guide you. Good luck!

2 Answers | Asked in Real Estate Law, Tax Law and Probate for Florida on
Q: Why does my home all of a sudden have to go through probate ? I've been paying Taxes, how can the house not be mine.

My step dad who was married to my mother sold me his house for $100. almost 10 years ago not long before he died. We had the sale Notarized and went to the court house and moved the Deed into my name. Here we are all this time later with me believing I own the home paying Taxes every year as the... View More

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

Florida is very protective of Homestead Rights, especially the rights of a surviving spouse, so generally, without a spouse joining or agreeing, a Homestead cannot be conveyed without agreement/signature/approval of the spouse, since this did not happen, it is likely you will need to revisit a... View More

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2 Answers | Asked in Probate for Florida on
Q: My dad split his property 4 ways between me and my brothers.They have quit claimed the condo .why is probate needed?
Phillip William Gunthert
Phillip William Gunthert
answered on Jun 27, 2023

I am sorry for your loss on the passing of your dad, please accept my condolences for you and your family. A probate may be needed because there may be other assets in your dad's name alone that need to be addressed via probate, any assets in your dad's name alone that do not have a pay... View More

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