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Florida Probate Questions & Answers
1 Answer | Asked in Tax Law and Probate for Florida on
Q: My brother sent me a check for over $50,000 his name was also on my mother's checking account for the last 2 years

Since his name was on it he said it doesn't have to go through probate so you wrote me a check for over $50,000. Should I cash this check or make him give me multiple checks so the banks don't tell the IRS even though it's inheritance. He wrote inheritance on the check but everything... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 19, 2022

I am sorry for your loss on the passing of your mother, please accept my condolences. Be glad that you go the check at all and that your brother did what your mom wanted (cash it or deposit it asap), legally your brother had zero obligation to give you even a penny of that money if his name was on... Read more »

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2016. Her sister and mother "tried" to record a quit claim deed that mother supposably signed.

The clerk never processed said document. I went to probate court and received my mother's home and property. I'm trying to sell the home and property but a buyers title company said that I would have to get my mother's sister off the deed. But it was never recorded or processed, it... Read more »

Phillip William Gunthert
Phillip William Gunthert
answered on Sep 17, 2022

You will want to have a Florida Real Estate or Probate Attorney look at the probate documents and or any deed/s that may exist, if a probate was done as you have mentioned, then there should be an order from the probate court/judge that specifies the property as homestead or real property as being... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 15, 2022

You will have to open a probate case in the local circuit court, Call the Clerk's office and ask for assistance.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: I'm trying to get some information on what I need to do to access my father's estate/finances without a written will.
Phillip William Gunthert
Phillip William Gunthert
answered on Sep 15, 2022

I am very sorry for your loss of your dad, please accept my condolences for you and your family. You will want and probably need to contact a Florida Probate Attorney, based on the type of assets and their overall value that have to be probated will determine the type of probate, if any, that will... Read more »

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1 Answer | Asked in Probate for Florida on
Q: My father recently passed away, before he died in front of several people he promised me his car.

His wife is a horrible person and at first was fine with the car (her name & my father on title), i have texts about her giving me the car, she then became very defensive and now wont answer., very long story Can i sue her in small claims court? This is clearly principal as my father wanted me... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 25, 2022

Her name and his name were on the car's title? The instant your father died, complete and total ownership of the car passed to her. The car would never go through probate because of that, so a Will is irrelevant (as to the disposition of the car). You have no case against his wife.... Read more »

1 Answer | Asked in Estate Planning and Probate for Florida on
Q: In Florida, how can the next of Kin obtain the authority to get bank account balance of deceased dad released to her?

I requested from the bank that my deceased dad was an account holder at, if they could release the bank account balance at the date of his death to me, so that I could figure out the value before filing to court. They want letters of intent and letters of administration 1st. Is there a way to get... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 23, 2022

Sorry, Floridas circuit court clerks, judicial assistants, magistrates, and judges are far too busy to be sitting around by the phone texting friends and waiting to hear from curious citizens looking for free money asking them for free special legal help that cannot be done.

EVERYTHING the...
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1 Answer | Asked in Probate for Florida on
Q: How much does probate costs if the property is under $75k and 1 heir?

Property was left to my cousin. Her father has been deceased since 2007. Property never transferred in her name and I would like to purchase it from her. He has no outstanding debt. The property was the only thing that needed to be transferred. She had POA over his affairs. I paid past due... Read more »

Charles David
Charles David
answered on Aug 18, 2022

This would be eligible for summary administration, which my firm handles for $2,345.00 flat fee statewide. You can also file this “pro se” without an attorney.

1 Answer | Asked in Estate Planning, Medical Malpractice and Probate for Florida on
Q: My question is; if my mothers will it's filed with probate . Does probate make you pay all the bills ?

And can you send out death certificates to these companies to see which ones will just clear the account and close them?

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 18, 2022

I am very sorry for your loss on the passing of your mom, please accept my condolences for you and your family. If there is a Will, then you must file it with the clerk of the court in the county she lived in, first make a copy for yourself, just because you file the Will does not mean you are... Read more »

1 Answer | Asked in Consumer Law, Estate Planning and Probate for Florida on
Q: Wy wife recently died. She had several credit cards in her name. Am I responsible for these bills?
Phillip William Gunthert
Phillip William Gunthert
answered on Aug 15, 2022

I am very sorry for your loss on the passing of your wife, please accept my condolences and sympathy for you and your family at this sad time. The rule generally is that you have no obligation whatsoever unless you have cosigned or otherwise agreed to be responsible for the credit card debt or any... Read more »

1 Answer | Asked in Probate for Florida on
Q: Where can I obtain a copy of my step-mother's last will and testament. She lives in Broward County, FL. Thanks.

Will obtained from late father is out dated, prior to moving to Florida. It doesn't include present condo ownership.

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 13, 2022

You would get a copy from your stepmother, and she would have to update her Will and estate planning documents. It is possible that her Will has not yet been updated and therefore she would have to visit with a Florida Estate Planning Attorney to get this taken care of and properly added and... Read more »

3 Answers | Asked in Probate for Florida on
Q: My stepmother died in December 2021. Her estate never went through probate. She listed my father as primary beneficiary

On brokerage acct.. My stepsister as secondary beneficiary. My dad died July 2022. Does her account go to my dads estate or to stepsister

Phillip William Gunthert
Phillip William Gunthert
answered on Aug 12, 2022

I am very sorry for your loss of your stepmom and your dad, please accept my condolences for you and your family at this difficult time. As a basic and general response to your inquiry, with knowing little else, it would appear that upon your stepmom's passing that your father became the owner... Read more »

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Florida on
Q: I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

I loaned my mother $43,000 @ 7% interest per annum secured by a promissory note, payable upon her death.

The agreement between us was that her house would be use to pay the bulk of the note. When she died we were advised by the estate attorney that the Florida Homestead law would prevent... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 4, 2022

The short answer (and my legal advice) is to follow the correct advice given to you by the attorney probating your mother's estate because the estate attorney will fight you in court over this issue--using your mother's money.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: My uncle passed away leaving a wife and three children, no will only his name on everything. Can I fight for his estate?

My uncle was close with his mother, brother and sister. We had family gatherings at my grandmas house all the time. He was at my grandmas house more than he was at home with his wife and children. He was married for 29 years and did not add his wife’s name on his bank accounts, business or real... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 3, 2022

You can spend your money fighting for his estate as you choose, but his estate is going to be disbursed pursuant to law. You might want to spend a few bucks on a lawyer before you get too involved.

1 Answer | Asked in Estate Planning, Foreclosure, Civil Litigation and Probate for Florida on
Q: How can someone in jail start probate process without representation?

I have a friend whose father passed away with no will. The son did not complete the probate process and is currently incarcerated in Volusia county jail. The fathers house is in preforeclosure right now, mediation scheduled for Oct 2022. The house/land is appraised at 300K+ and about 130K is owed... Read more »

Heather Printz
Heather Printz
answered on Jul 26, 2022

In some states, the person can sign a form that can transfer that responsibility to someone else. Is there someone else the friend trusts to complete this? Depending on the resources available within the jail, it may be difficult to complete some of the tasks required.

1 Answer | Asked in Probate for Florida on
Q: Can the Probate Court intervene to require access to childhood photos to be reproduced? One sibling has them all.

When my mother moved out of her house prior to the sale and into Assisted Living, my sister offered to store sentimental items for her for "safe keeping". My mother has passed away, and my sister refuses to allow me to have or even make copies of my childhood photos. Since they... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 15, 2022

If your mother passed with or without a Will, the assets of her estate that do not pass by trust of or outside of probate (like life insurance proceeds to the beneficiary) needs to go through probate. The question here is whether those photographs remained your mother's property. Your sister... Read more »

1 Answer | Asked in Contracts, Family Law, Child Support and Probate for Florida on
Q: How do I put a lien against my ex's grandmother's will?

She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 30, 2022

You don't. You hire an attorney, asap.

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: Can a person be charged with felon in possession of a firearm if the firearm was found in another person’s possession?

To clarify, the firearm was found in another person’s possession but has both sets of fingerprints.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

Can he be charged? Sure. Will he be found guilty? No way to tell.

2 Answers | Asked in Personal Injury and Probate for Florida on
Q: My minor son has been awarded a lawsuit I need help

Minor son attack by a dog almost lost his arm A structured lawsuit being put in a trust fund signed deal and delivered by a judge lawyer is telling me to wait on a 3rd party to release the fund to get the allotted monies to me for out of pocket expenses to help my son get his arm back functioning... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 15, 2022

Yes, it is possible for there to exist a situation where there is a wait for settlement funds to be disbursed, but it sounds like you are having some kind of communication problem with your attorney. You should be able to fully understand what the status of the settlement distribution is and the... Read more »

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1 Answer | Asked in Probate for Florida on
Q: I am owed money by an individual who passed away the probate attorney told me that I needed to create a creditors claim

But the same lawyer also told me that the company who bought the business that I loaned the money to had filed for me. My question is should I file again on my own behalf

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2022

You need to speak with your own attorney. And don't take the word of the estate's attorney without also getting copies of the pertinent documents.

2 Answers | Asked in Probate for Florida on
Q: Death was 9\15\21. How soon does personal representative have to register will at probate court?

4 children. Personal representative gave 3 of them $146,000. A trust for the diabled 4th child was to be funded with $146,000. No trust yet 9 months later. How much time legally to create trust?

Charles David
Charles David
answered on Jun 7, 2022

There is no time limit or requirement for the nominated personal representative to administer the estate. If they fail to act, another party can choose to put the case through probate. If a personal representative has already been appointed, several factors affect the timing of distributions and... Read more »

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