My mother and father passed away two days apart my mother first then my father. My mother had a will and setup an irrevocable trust. My mother’s life insurance policy listed my father as primary beneficiary but also listed my grandmother as (contingent beneficiary) she lives in Israel and is not... Read more »
A great question to ask your probate lawyer.
The party that did the paperwork didn't know the other sibling had passed or had any children so im not listed what can I do? Plus the law firm representing the other party wanted me to answer questions pertaining my father which was the sibling that passed b4 my uncle should I answer them or not?
You need to hire an attorney to make sure your rights are established. It appears as though you may have an interest based on the few facts you've given as well as the fact that the attorney is asking you questions.
You probably need to hire a competent attorney in Florida to: check to see if there is a probate administration; check real property records for any ownership by the Uncle; then possibly represent your interests in the Decedent's property.
The law and Florida Statute is as follows;
Florida Statute 732.504 Who may witness.—
(1) Any person competent to be a witness may act as a witness to a will.
(2) A will or codicil, or any part of either, is not invalid because the will or codicil is signed by an... Read more »
To be a valid will it must be witnessed by two attesting witnesses. The will can be self proving by additionally having a notary acknowledge witnessing the signor of the will in addition to the two witnesses. Not having a self proving will means the witness have to be located to execute an oath... Read more »
The will was made before their marriage and she's taken control of the house solely left to me
House was in his name.only
You did not ask a question. Is your question: "Is there something I can do legally to take control of the property that I inherited, when my late father's wife is taking control?" ? Assuming you are an adult, the answer to that question is "of course", with the sole... Read more »
We are estranged from our 34 year old son.
The last contact I had with my son was in February 2020, as my father-in-laws time drew near, we called our son to make him aware of his grandfathers health & to give him the opportunity to say goodbye to him. This was met with no response.... Read more »
You should ignore them and not waste any time and effort and expense on doing anything whatsoever. Your son will be well aware of being disinherited at some future point in time. You have zero obligation to leave anything to an adult child whatsoever.
You will want to contact a Florida Estate Planning Attorney and they can help you with a Will, Durable Power of Attorney, Living Will, Florida Healthcare Surrogate, HIPAA Waiver and so forth based on all that you want and what you need covered, also, excluding someone from an estate is also not a... Read more »
It is likely an error or they are trying to avoid you for some reason. You likely want to file a caveat with the clerk of the court/probate court if you have an interest in your father's estate. You should inquire about this error with the person handling the estate (petitioner, personal... Read more »
The direction....
Step #1 Appoint a PR and open probate. This is in Escambia Cty. Florida. A PR was named in the will but they were NEVER appointed & no letters of Admin. sent, but they DID collect/acquire, ALL estate assets. Yes, there are assets: $58K in bank accounts &... Read more »
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My sister passed away at 38 years old. She was living paycheck to paycheck and her car was a paid off junker. She owns a home that would have to be short saled or foreclosed because she bought it recently. She has some small credit card debt and a student loan. Do we have to open probate or can we... Read more »
I am sorry for your loss and the passing of your sister, please accept my condolences. There is no affirmative duty or responsibility whatsoever to open a probate. You will likely find that people/creditors will possibly try to contact you and or family members but you do not have to do anything.... Read more »
That the money will go to my dad living right of representation- but my dads girlfriend is saying that money will go into my dads trust. Is this possible/ legal?
Sure it's possible; one would have to read the will and trust, and then determine if those provisions are consistent with the law of wherever your uncle resided when he died (presumably California).
I need the certificate for my claim. How do I get it
You can apply for a death certificate via New York Health Dept - Vital Records or through online vendors such as VitalChek.
I live in Florida. I would like to sign a will and last testament. The issue is that my niece, the executor, and her husband, the alternative, are my only witness available. Can they be witnesses and executors? They are not beneficiaries.
It's not a good idea. Surely you can find someone else to witness the execution of the will.
My grandmother passed away and she named her best friend POA over it all. I am the beneficiary. Was told from my grandmother that everything is left to me in the will. I am currently on my way down. But her friend refuses to speak to me or include me in anything. But yet had her husband and friend... Read more »
If you have a copy of the will, you can petition the court to have it admitted to probate. Whoever is appointed personal representative in the will may well be entitled to be appointed PR and be issued letters of administration giving the PR the right to possession of the property. The power of... Read more »
In 2011 i was put on probation for a misdermeanor in pa i never reported so i violated in 2014 i went to jail in florida did 30 days and paid everything off here in fl o called pa to take care of the bench warrant at the prob office they told me to pay all the costs and then pay the fee to remove... Read more »
Jorge:
That's a terrible situation to be in. And I'm sorry they had you pay all of that money just to be told that you have to appear before a judge. In any event, you will probably get a better answer if you post the question in the "PA" law forum instead of Florida.... Read more »
The sibling has no bialogical children but is married
The ill sibling's share must be distributed to him or her without regard for his or her health. His or her attorney in fact or conservator can deposit the check in his or her account and manage the funds for him or her. If he or she does not have an attorney in fact or conservator then a... Read more »
I am wondering if I am supposed to ask for a copy of the will, bank statements, etc. or just wait for the process to take its course. Thanks.
My condolences for your loss. You can follow up with your brother regarding beginning the probate administration of the estate. Per Florida law, the last will must be deposited with the clerk of court within 10 days of after receiving notice of death. While any interested party can petition the... Read more »
her only two adult children buy a house in 2009 to qualify for a mortgage. Title is owned by all three. Children never lived in the house. (2) in 2013 the future husband moves and joins Mary in the house. (3) In 2014 they marry in Florida, (4) Let's say Mary dies in 2020, what percentage of... Read more »
Homesteads generally pass outside of probate; the fact that title to the house was jointly owned by 2 other people, neither of whom was the husband, makes it more likely that the house is not part of the decedent's estate and that title remained in the the other 2 owners' hands. I... Read more »
No. Only the circuit courts in each county have jurisdiction to consider a probate matter. You must deposit the Will and file the probate in the deceased person's county of residence at his time of death. Please consult a lawyer before you do anything else.
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