I loaned the business that I work for a lot of money and all of it was paid back before the gentleman passed away except for $14,000.
answered on May 24, 2022
No, you need to file it in the County where the probate is taking place and you need to file it timely, all sorts of deadlines can apply and make it potentially uncollectable so be sure to make your claim properly and timely.
My uncle passed a few years ago I don't really have a lot of information to give I'm sorry
answered on May 17, 2022
Assuming he was a Florida resident, if he was survived by a wife, children (or other descendants), siblings or parents, and if he didn't leave a will, you probably wouldn't inherit anything. Otherwise, you might. If he owned real property, check the appraiser's office in that... Read more »
answered on May 12, 2022
It depends on what the probate court has said and approved, it matters if the property is Homestead or if it is owned and transferred via deed in some other manner. You really will need to speak with a Florida Probate Attorney and determine what steps need to be taken in order to address, transfer... Read more »
A partner in an FL LLC/Partnership passed away. There were 2 partners. How can the spouse take over partnership interest of the partner who died? Can the spouse and existing partner change LLC members?
answered on May 12, 2022
You will have to review your LLC Operating Agreement that you drafted when you formed the LLC (this should address death of owenr) or you will want to look at the Florida default statutes on how to handle matters. If nothing is clear, a probate will have to be done for the deceased partner (will... Read more »
answered on May 11, 2022
Generally, you should not sign any waivers whatsoever without your own probate attorney reviewing any and all documents on your behalf. Remember, any attorney working for the estate, is indeed working for the estate and the Personal Representative and not you as a named beneficiary of the estate.... Read more »
I was told that next in line are aunts and uncles. Are cousins entitled to their parent share if the parent is deceased? When did the law change? I was told the law changed after my cousin passed.
answered on May 8, 2022
I am sorry for your loss and the passing of your cousin, please accept my condolences for you and your family. You will need to work with and get a probate attorney in the state where they were a resident, if property was owned in another state, you will likely need an attorney there as well. When... Read more »
answered on Apr 29, 2022
You are going to need a Florida Probate Attorney to look at the documents. It is additionally likely that if this is a Summary Administration, that you will end up needing and probably be required to have a probate attorney under most circumstances. The court/judge will quickly let you know this in... Read more »
answered on Apr 29, 2022
I think it would be that the Petitioner (in Summary Administration) proposes to distribute the estate in the following manner. These likely relate to proposed orders related to the Summary Administration. If it was a Formal Probate, then it would be a Personal Representative. If you are not sure... Read more »
Requesting my signature stating the pr has paid me full in cash but I have not rcvd any money. Should I sign
Attorney said its normal verbiage
answered on Apr 27, 2022
Should you sign a receipt for money you didn't receive? Of course not. Tell the attorney (for the PR, I assume) to explain, not simply to tell you that a paper by which you indicate you have received money which you have not received is "normal verbiage".
Lake County FL courts have a $100,000 lien against me. I need to know if they can take the money my mother left me when she died.
answered on Apr 22, 2022
You will want counsel of a competent FL attorney, assuming the legacy is situated in FL. `Exemption Rights will be pertinent here. You may even open up a Trust. This is a public forum and you do not need to talk about this with anyone else but your attorney.
My grandmother passed in 2011, then my mother passed away 2013. My uncle is trustee of my grandmothers Will. My grandmother had a property and stated in her Will "Upon the sale and liquidation of the property, all net proceeds shall be paid to my children, and if any should not be alive then... Read more »
answered on Apr 18, 2022
Yes, you and your siblings (as well as your and your siblings' descendants, if any) are the "issue" of your mother.
My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?
answered on Apr 14, 2022
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.
As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important... Read more »
My mother passed away in 2021. She made a Will and left my brother and me with everything. She was married before she died. Her husband is living in the home that they lived in before she died. Does the Will takes precedent over everthing?
answered on Apr 11, 2022
Was the house purchased by her before she married and whose name is on it?
Did she change the title?
got sick she then changed the will Michael never got a signed copy of his will she then had it redone to leave everything to her a month before he died
answered on Apr 8, 2022
There are several grounds for a Will contest, undue influence,mental incapacity and the Carpenter case factors.
I suggest you see a probate litigation attorney such as myself.
The 2011 transfer doc states "Grantor does hereby convey and transfer unto the Grantee, heirs and assigns, the following described property.....". The original trust was created for my father and his decendants. It was controlled by a trustee, as he had many issues. We benefited... Read more »
answered on Apr 7, 2022
No, you do not have any interest in the property. If the deed was to "the Grantee, heirs and assigns", it means that the grantee was given "fee simple" title to the property. The wording " heirs and assigns" means the GRANTEE's heirs or whoever the GRANTEE might... Read more »
Question 8 says: "The names, addresses, ages of minors, and respective relationships to decedent of all of his/her heirs, and devisees are as follows"
Do we just list the spouse and/or children of the decedent?
answered on Apr 7, 2022
I am very sorry for your loss and please accept my condolences. I will note a few things for you here immediately, unless their is only one sole interested person related to the estate, it is extremely highly likely that the clerk of the court and or eventually the judge will inform you that you... Read more »
the beneficiaries (5 siblings including the trustee) with details of the trust nor an accounting of the trust. My understanding from reading FL statutes is that she has 60 days to provide a copy of the trust and an accounting of the trust's assets and liabilities to the beneficiaries. She has... Read more »
answered on Apr 6, 2022
The reason why Florida law allows Trustees at least 60 days to notify beneficiaries is to allow the Trustee sufficient time to locate and examine the decedent's Last Will, search for and gather the decedent's personal property, get copies of deeds to real property, inventory all of the... Read more »
Summary administration so I went to the clerk of court yesterday and the clerk told me I could not do that because it is over 6 thousand dollars and I have to have an attorney to go through probate. I live in Sarasota county Florida
answered on Apr 1, 2022
Please do not take the advice of the clerk of the court or anyone not an attorney from this state because while they mean well at times and while they can be very helpful, they do not always advise property and nor should they be giving any such advice. You will likely need and should get a Florida... Read more »
That all I know
answered on Apr 1, 2022
You likely need to start with an attorney in the state where this probate or matter took place. You should start with the deceased person's state of residence/domicile, where their Homestead was located and where their property/estate was probated. If there are monies due, it would be listed... Read more »
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