Get free answers to your Probate legal questions from lawyers in your area.
Is probate required after the death of my spouse, whom I was married to for 56 years, given that we have a trust and a will in place? Our home property, which we owned for 30 years, is titled in both our names and is not included in the trust. We have two surviving adult biological children who... View More

answered on May 18, 2025
I am very sorry for your loss and please accept my condolences on the loss of your spouse for you and your family at this difficult and sad time. No, probate is not required unless there are any assets in the name of your spouse alone that would need to be addressed via probate, based on what you... View More
I have a handwritten will in the state of Florida that bequeaths my car and house to my daughter. It is signed by me and two witnesses, with an executor named. There have been no disputes, and my daughter is the sole beneficiary. Is this will considered legally sufficient to proceed with... View More

answered on May 16, 2025
Yes, while the Will may be valid under Florida Law (see below Florida Statute 732.502), it will be subjected to greater scrutiny if it is a handwritten Will, also, the Will is going to have to go through probate (time, potential delays and expense). I would encourage you strongly to do proper... View More
I want to know if a collector can seek payment from me for a credit card debt solely under my deceased husband's name, after over two years since his passing. I was not on the card, there was no probate nor estate, and I provided the company with his death certificate and estate-related... View More

answered on May 15, 2025
No, they can't file suit against you, they would have to sue your late husband's estate. If there is no probate case, in theory they could open one and seek to sell his assets if any, but that is unlikely.
I want to know if a collector can seek payment from me for a credit card debt solely under my deceased husband's name, after over two years since his passing. I was not on the card, there was no probate nor estate, and I provided the company with his death certificate and estate-related... View More

answered on May 16, 2025
No, a debt collection agency cannot pursue a third-party if the debt is in the sole name of the decedent. They would have to pursue a lawsuit against the estate of the decedent in probate court if a probate case has been opened.
I have a question about the transfer of commercial property that was signed in December and filed in April. The property transfer occurred after the original owner's death and was to a beneficiary through a Trust agreement. There was no formal closing or stipulation regarding the transfer... View More

answered on May 13, 2025
Date of Deed Execution is date of conveyance. But if there is Court Case, delivery to and acceptance by the grantee may need to be proven by sworn testimony. Deed is effective upon execution but not notice to the world until recorded.
My mother passed away and named me as her Personal Representative in her Last Will and Testament. There is no probate involved because her home is upside down in payments. I am handling tasks based on the will, and there are no legal restrictions on her bank account. I've put a freeze on the... View More

answered on May 6, 2025
If the refund check is less than $75,000, then you can open a summary administration and get an order to reissue the check to the heir. If it is more that $75,000, then you would have to open a formal administration, get appointed as the personal representative, and then use the court order to open... View More
As the executor of an estate or trust, my past criminal record was expunged and I was granted a full pardon. However, the beneficiaries are questioning my qualifications, with their lawyer accusing me of perjury. A court hearing is scheduled for May 12th to address this. I haven't yet shown my... View More

answered on May 5, 2025
I'm no expert at what the Clerk's Office still has in its possession following an expungement (also known as expunction), but it's my understanding that NOTHING is left in the record, except maybe something indicating the case was expunged. If the case is sealed rather than... View More
My mom has passed away, and her residence in Florida is held in a revocable trust via warranty deed. I am the trustee and sole beneficiary of the trust, and I understand probate is not necessary. What steps do I need to take to transfer the deed into my name, including any forms I need to file with... View More

answered on May 2, 2025
You should have an estate planning/probate attorney review the Trust and the current property deed, generally, you as the trustee will transfer the property via deed to yourself from the Trust and then it will be in your name alone and not in the Trust name any longer and you can apply from... View More
My mom and dad, now divorced, had a legal agreement in their divorce decree stating that neither could sell the house, as it was intended for their daughter. My dad lived there, but my mom did not. I am the daughter, and I'd like to know if I'm allowed to live there now that my dad has... View More

answered on May 1, 2025
I recommend that you consult with an experienced attorney who handles family law and probate. Ask them to review the divorce decree to see what your parents agreed to. For example, it may be that your parents continued to own the house 50/50 as tenants in common. If you are your father's heir,... View More
I am the executor of my late father's will. His will specifies that his home should be sold, but his wife is currently living there and refuses to sell the property. The will states that the property is to be left to me, but she wishes to remain there until she passes away, which I am willing... View More

answered on Apr 28, 2025
I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult and sad time. In Florida the Executor is called the Personal Representative and until a probate is commenced and the court/judge authorizes this role and approves you... View More
I am the executor of my late father's will. His will specifies that his home should be sold, but his wife is currently living there and refuses to sell the property. The will states that the property is to be left to me, but she wishes to remain there until she passes away, which I am willing... View More

answered on Apr 28, 2025
If the property was your father's homestead, the will does not override Florida law regarding how the homestead passes to your father's heirs. Your father's wife can choose to live in the house for the rest of her life with no other ownership interest, or she can choose to own half... View More
My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More

answered on Apr 24, 2025
There's no such thing as protecting your rights outside of the legal system. **you need a lawyer asap.** If she added him to the deed of the property "meant for you", you are likely out in the cold. She could leave you a million dollars in her Will, but if she had only a dollar at... View More
My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More

answered on Apr 25, 2025
Hi there, sorry about your mother's stroke and this troubling situation.
Unfortunately, a will generally can't override a deed, which makes this challenging. Gather all documentation and consult with an attorney quickly. A lis pendens is a legal notice that can be filed with the... View More
My aunt passed away, and I am a TOD (Transfer on Death) on her bank accounts. My sister and I are the only beneficiaries. I've been using funds from her accounts to pay her utilities, and I paid her car insurance from her account while the estate is in probate. Will I face any trouble for... View More

answered on Apr 23, 2025
Since you were the named TOD (Transfer on Death) beneficiary on your aunt’s bank accounts, those funds legally passed directly to you upon her death and are not part of the probate estate. Using some of those funds to cover necessary expenses like utilities and car insurance related to her... View More
My aunt passed away, and I am a TOD (Transfer on Death) on her bank accounts. My sister and I are the only beneficiaries. I've been using funds from her accounts to pay her utilities, and I paid her car insurance from her account while the estate is in probate. Will I face any trouble for... View More

answered on Apr 23, 2025
I am very sorry for your loss on the passing of your aunt, please accept my condolences for you and your family at this difficult time. Accounts that are Transfer on Death or Pay on Death to a designated beneficiary are not estate and probate assets, rather those assets/accounts go to the named... View More
I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?

answered on Apr 23, 2025
Please accept my condolences on the loss of your father. You will likely need to open an estate for your grandfather and your father to transfer the property to you. First, in your grandfather's estate, his heirs would be determined and a court order would transfer the property to his heirs... View More
I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?

answered on Apr 23, 2025
This is going to be a probate matter, I would encourage you to speak with a Florida Probate Attorney as there will likely need to be a probate done of your grandfather's estate and then one done for your father's estate in order to determine the heirs/beneficiaries of the estate, a review... View More
I am involved in a dispute over my mother's beneficiary designation. My sister claims there is a will from 2014 naming her as the beneficiary, but I have paperwork from the funeral home from 2016 indicating the funeral director was named the beneficiary. Additionally, the funeral director... View More

answered on Apr 23, 2025
First, a Will that was not rescinded has standing. If the funeral home state there is no Will, then I would inquiry as to why they have paperwork naming them a beneficiary that is not a Will. Since you mother has passed, I would suggest filing the Will with the court and the document the funeral... View More
I'm involved in an estate court case concerning my late mother's will. My sister claims that our mother appointed her as the executor and gave her power of attorney (POA). However, I have my mother's medical records indicating that my sister was never officially appointed as POA, but... View More

answered on Apr 22, 2025
No. The medical records would be inadmissible hearsay. If the absence of a power of attorney is somehow relevant in a case to establish a will (i.e.: probate), you might be able to prove it with the testimony of witnesses such as your sisters.
I need a DNA test with my deceased parent to claim my father's last name legally. The morgue informed me that a lawyer's assistance is required to proceed. We never needed a DNA test before, as we always accepted him as my father, but now that he has passed away, I cannot get any help... View More

answered on Apr 21, 2025
That's a new one on me. If you are an adult, and your legal last name is different than your father's, you may petition the Circuit Court (in your area) for a name change to any name you feel like, no DNA test needed. Consult a general practice attorney near you. Also, if you do on... View More
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