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Florida Probate Questions & Answers
1 Answer | Asked in Estate Planning, Banking and Probate for Florida on
Q: What can I doto prove to banks that POA can close CD'S in trust and transfer to trust acc. grantor, bank,trust is in FL

Grantor is in assisted living and can't leave. She has CD'S at many banks held in a grantor trust. She wants POAs to close them and deposit to 1 trust account.

Some of banks are wanting proof of incapacitated from DR. Poa specifically says they can do trust accounts and is not... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 1, 2021

1. There is no law or "article" that you can use to "prove them wrong."

2. The banks do NOT have to honor any third-party POA--and especially one being offered under these circumstances.

3. If you will turn this around and look at it from THEIR position you...
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4 Answers | Asked in Real Estate Law and Probate for Florida on
Q: How to add my sister and my name to the title of a property after my mother passed away.

The property is owned by my mother, aunt and uncle. All of the them are on the title. My mother passed away in 2016 without a will. For clarity, there are no family issues and my aunt and uncle agree that my sister and I should be added to the title in place of my mother who passed away. What steps... Read more »

Jane Kim
Jane Kim answered on Nov 24, 2021

It should be probated. You need a probate lawyer.

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1 Answer | Asked in Criminal Law and Probate for Florida on
Q: I was picked up for a vop warrant out of Baker County and released now they are trying to record me for the same thing

I signed waiver of extradition they never came and got me and I was released

Michael  Mayoral
Michael Mayoral answered on Nov 22, 2021

Whether or not the county where your VOP is decided to pick you up and extradite you does not change the status of your VOP. You should immediately consult with a criminal defense attorney in your area to try and resolve the VOP.

1 Answer | Asked in Family Law and Probate for Florida on
Q: I have owned my house for 12 years. I have remarried and want to put her name on it. What are the procedures to do so?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 20, 2021

The easy answer is to do a quit claim deed from you to her and you. The much better answer, and the one that I urge you to follow, is to consult with an estate planning lawyer to make certain that not only is the transfer done properly, but that the transfer is done in light of any tax or other... Read more »

1 Answer | Asked in Probate for Florida on
Q: My step sister preceded her husband in death , days later he passed away. His brother took steps to become executor.

We were told there is no will , are assets divided equally to her heirs or do all assets go to his heirs?

Is there a cause for action, can we ask for or make a claim against the estate which will no doubt have to be probated ?

Please Advise

Thank you

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 16, 2021

If there is no will, the wife's heirs would be determined by reference to the intestacy statutes. Who applied to be personal representative (or "executor") is immaterial.

Florida Statute 732.103 Share of other heirs.— provides in pertinent part that:

"The...
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2 Answers | Asked in Probate for Florida on
Q: Is a date of death appraisal ever used with heirs who are disputing value when a house is in probate?

I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 9, 2021

Nobody knows your case like your lawyer. If you don't agree with your lawyer's assessment.you are free to fire him.or her and find new counsel.

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2 Answers | Asked in Probate for Florida on
Q: Is a date of death appraisal ever used with heirs who are disputing value when a house is in probate?

I was the partner of the deceased and also had a large financial investment in the home. The house was titled in both of our names, but unfortunately it was titled tenancy in common. I have approximately $300,000 invested and my late partner had approximately $5,000 invested. I would like to use... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Nov 10, 2021

I am sorry for your loss on the passing of your partner, please accept my condolences at this difficult time. Normally a probate property should/must be appraised within 6 months of death. With both of your names on the property as 50/50 owners, your partners half will have to go through probate... Read more »

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2 Answers | Asked in Probate for Florida on
Q: probate?

my wifes dad passed away and her stepmother took everything property, vehicles, personal property, life insurance. home aquired before there marrige from inheritance. does my wife have any standing to recieve any of her dads things. she was born in pervious marriage 14 years or so before.

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2021

Perhaps. Was there a will?

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2 Answers | Asked in Probate for Florida on
Q: How can you claim a deceased person when u have a handwritten letter from them
Phillip William Gunthert
Phillip William Gunthert answered on Nov 5, 2021

I am very sorry for your loss and please accept my condolences at this difficult time for you and your family. It is likely that you will need to speak with a Florida Probate Attorney, if you do not have a Will and or similar estate planning documents that apply and can be used you are likely stuck... Read more »

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3 Answers | Asked in Probate for Florida on
Q: I am in need of probate help for my brother who passed away without a will. He has a house with a mortage of 65,000.

Is it possible for a person to file probate themselves and not use an attorney?

I do not have $4,000 and that seems to be what everyone charges.

My brother was not married and no children.. Next of kin is our mother who is 98 yrs old and I have her POA.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 4, 2021

I am sorry for your loss and the passing of your brother, please accept my condolences for you and your mom and your family. When there is no Will then the Florida Intestate Statutes (without a Will) are going to apply. Some law offices will work with you based on your circumstances and allow you... Read more »

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4 Answers | Asked in Probate for Florida on
Q: I have lived and paid taxes on my late sister's property for 3 years, do I need a lawyer to transfer ownership ?

No will, sole heir.

Phillip William Gunthert
Phillip William Gunthert answered on Nov 4, 2021

Yes, a probate will be required and you should speak with a Florida Probate Attorney. If there is no Will, then the Florida Intestate Statutes (without a Will) are going to apply. I would further advise that you get a copy of the property deed and have it reviewed as well, based on how the property... Read more »

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4 Answers | Asked in Probate for Florida on
Q: I have lived and paid taxes on my late sister's property for 3 years, do I need a lawyer to transfer ownership ?

No will, sole heir.

James William Martin
James William Martin answered on Nov 4, 2021

Yes. A title insurance commitment should tell the lawyer what would be required to provide insurable title. Then a probate admin, possibly summary in nature, would follow.

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2 Answers | Asked in Estate Planning, Constitutional Law and Probate for Florida on
Q: Is there any possible scenario that would allow for second cousins to inherit under intestate succession?

If a Decedent died intestate and was never married, had no kids, no surviving parents or grandparents and no surviving aunts/uncles, or issue thereof, is there any possible scenario that would allow for the next of kin collateral heirs (being descendants of great-grandparents, ie. second cousins)... Read more »

Phillip William Gunthert
Phillip William Gunthert answered on Oct 26, 2021

Yes, it is possible. The State rarely gets assets to an estate. One thing that would be done in a probate with only distant and remote heirs would be the affidavit of heirs. If an intestate decedent has no living spouse, children, parents, or siblings, intestacy laws provide mechanisms to determine... Read more »

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2 Answers | Asked in Real Estate Law, Criminal Law, Landlord - Tenant and Probate for Florida on
Q: Trustee of my Father’s estate is refusing to show, share or provide list of beneficiaries. What can or should I do?

Trustee has not shared the Trust. It is believed he disposed of the most recent Will, & filed an older version in which he filed a month after my dad passed, & has slowly trickled in other documents:

One property was not part of the trust, yet somehow he has been able to transfer... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 20, 2021

There's no online help. You must retain an attorney to protect yourself. The personal representative should have a lawyer representing your dad's estate.

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1 Answer | Asked in Probate for Florida on
Q: (Florida) Have a car as an asset in probate, nearly paid off (no will) one sibling will not sign off to sell. Any remedy

If we can't sell car, we will lose it, as I can't keep paying on it and insurance.

Phillip William Gunthert
Phillip William Gunthert answered on Oct 17, 2021

The vehicle should/would be part of a probate. You should speak with a Florida Probate Attorney in order to determine what can and needs to be done. The transfer of the car can usually be accomplished through the DMV directly in limited circumstances in Florida, this does not appear to be the case... Read more »

1 Answer | Asked in Criminal Law and Probate for Florida on
Q: In Escambia County Florida, i heard it might be possible to pay a fine instead of community service. Is this possible?

I was addicted to drugs at the time, so I had no choice but a public defender. Would definitely be open to hiring an attorney for a modification if necessary

Henry George Ferro
Henry George Ferro answered on Oct 12, 2021

It is certainly within reason to have the community service converted to a monetary payment in most parts of the state

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: If I received money from escrow and homeowners but also got the house should that amount be taken off my final amount?

My significant other passed away, we were together 17 years. The house was deeded by QC deed to me, I am also to receive half of any remaining money in his accounts. I received money for escrow and homeowners insurance previously, his mother is the personal representative, she is deducting the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 6, 2021

The term Personal Representative means executor. In some states, the term is executor. in Florida, it's Personal Representative. If you are the beneficiary of your SO's Will, you are entitled to everything that affects your distribution. I believe the law is that if the PR is not the sole... Read more »

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3 Answers | Asked in Civil Litigation and Probate for Florida on
Q: What recourse do I have w/ a law firm on the problem stated below?

An aggregate settlement for 25 cases on a tobacco case was won in Dec. 2020. 24 cases were paid out. We just found out that information yesterday. Our settlement money was still in this firms trust account after 9 months. I believe that they caught this mistake because one more tobacco case we... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 30, 2021

Have you asked them to send you the money? What's the real issue? Nobody except the law firm of whom you are a client would know why 9 months have transpired and no call. Perhaps they were waiting for the other case to settle and pay everything at once. Who knows? did you ask them the same... Read more »

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2 Answers | Asked in Probate for Florida on
Q: Hi, My mother passed in 1988 and my father passed in July. How do I inherit the house? I have notarized copy of his wish
Phillip William Gunthert
Phillip William Gunthert answered on Sep 30, 2021

I am very sorry for your loss and on the passing of your father, please accept my condolences for you and your family at this difficult time. The answer to your question is that it depends, if what you have is a Will/Trust/Deed that is one thing, if it is not a valid and legal document as listed,... Read more »

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2 Answers | Asked in Probate for Florida on
Q: What percentage if an estate does a substitute PR get paid?
Charles David
Charles David answered on Sep 28, 2021

3%, plus potentially an hourly rate for extraordinary services.

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