She told everyone before she died that it was going to be left to me but the property is in her name how do I go about switching it in my name and make the payments where she left off and how would I go about getting power of attorney to handle her legal paperwork?
Very sorry for your loss and the passing of your sister, please accept my condolences. You will need to contact a Florida Probate Attorney. There is no power of attorney after death as any power of attorney ends at death. If there is no Will, then the Florida Intestate Statutes (without a will)...Read more »
It is listed in the probate papers in the filing, but the property has to be probated in the state/country/territory of location through an ancillary probate or a probate in that country. They usually want to see the probate paperwork from the state/country/territory where the primary probate took...Read more »
My husband had a legal will drawn up by a reputable attorney here locally. He retired before my husband passed but his Paralegal went to the courthouse and swore out that the will was legal. Everything was to go to me , his wife. He had a lawsuit that settled after his death. He had been in a... Read more »
Assuming that the will did say what you indicated, the Judge would have NO authority to change the dictates of the will. I am assuming you had an attorney represent you in the probate. Another factor is whether or not the settlement proceeds provided any funds specifically to your grand daughter...Read more »
If the father decided to split the money equally between his surviving children that was his decision to make. And sine the money given to his children was a gift, there is nothing anyone can do about it. However, just in case the father made a mistake I would advise the children of the sibling who...Read more »
He & aunt beneficiaries. No named alternates. Opened estate for my husband but now being told by probate attorney (in MD) that it's in question as to whether his share will go to his estate. Attorney said she'd never seen a will written w/o alternates (really?) so she turned over to another... Read more »
The fact that you mother in law’s estate hadn’t closed by the time your husband died has no bearing. The real question is whether your husband outlived whatever survivorship period applies either by law or in your mother in law’s will. March to August is five months which is far longer than...Read more »
My mom passed 2 years ago intestate,my dad was named personal representative but passed before probate was complete. My sister coerced (possible elder abuse) my father to sign a will while he was in ICU under the influence of morphine and other meds leaving everything to her. There are 5 siblings.... Read more »
Homestead issues are very complicated. Theoretically the homestead does not go into the estate it descends per the statute you indicated, however a court order is necessary to apply this statute, it is not automatic. There would need to be a petition to determine homestead in your mother's estate...Read more »
My dad died in 2003. I am the only biological child from the marriage. My dad had 2 grown daughters when he married my mom. He made one of my step sisters executive of estate when I was young. Now she wants to kick me out of the house so she can sell it to get more money in the inheritance. Do I... Read more »
Most likely yes. The only way to know for certain would be to hire someone to copy the probate file and explain it to you or go read the file yourself. The key document to read is the will, which probably leaves everything in the estate to the three children in equal shares.
My mother-in-law died predeceased by her husband and children, youngest was my husband. Mother-in-law left real property to my son in a Will which I had and after her death I filed a Caveat 5 mths after her death through a local attorney (limited) he deposited the Will with the Court Clerk it was... Read more »
This is a possible problem with the new electronic filing system. Documents get submitted thru the portal and it can take up to several weeks before they show up as filed, particularly with new cases. Whereas things like caveats and depositing of wills get processed faster.
Normally assets of an estate would be deposited in a depository account that would mean a court order would be required for distribution of assets from the account. Normally estate assets are not deposited in a time account such as a CD which might prevent access to those assets without penalty...Read more »
More facts are needed about the way your brother owns the property and the conditions under which you have the right of possession to answer this, as well as whether an estate for your brother is currently pending.
It depends how she is on the title to the property. Assuming they bought it as husband and wife, normally that is how it is titled. If she passed away while they were still married then all you need is proof of death, like her death certificate without cause of death to be recorded and an...Read more »
My mother passed away two years ago intestate. My father was named as personal representative but unfortunately he passed away, also intestate, before probate was completed. There are five siblings and one has secured an attorney (the one my father already paid) and is trying to be named as the... Read more »
If the rest of the siblings want to appoint someone else, one of you is going to have to retain an attorney to represent you to file a counter petition for administration which requests that sibling be appointed personal representative and then have the siblings who support that...Read more »
I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.
You need to contact an experienced elder law attorney who can explain your options to you. If your mom's home is her homestead, and she is now in need of skilled nursing and may qualify for Medicaid, please take the following into consideration:
Homestead is not a countable asset; it is...Read more »
My mother-in-law passed away and the house in PR was in both her and my father-in-laws names. There are 2 heirs (my husband and his sister) My father-in-law, husband and sister-in-law want to sell the property. What is the probate process to get the property transferred to the heirs and ready to... Read more »
Hello I live in Florida and my father passed away in 2012. He was married to my step mother and they had a child together and he also had a child from another relationship so 3 children 3 different relationships. I was never named as a party in the probate case and didnt get any inheritence... Read more »
I'm sorry for your loss and I'm sure you are looking for closure. Your inheritance would depend upon whether there was a Will and the nature of the assets left. Most assets are transferred outside of probate if the accounts are properly designated and titled. It's possible there was no probate....Read more »
I have enough funds to pay my bills for a few years and would rather not go through probate or contact his son whom he hasn’t seen in 20 years. I am sure he does not even know he died. The estate is worth over the 75k max for simplified probate .
The filing fee for the procedure is $232 per the clerk's website, but if there are no assets why would you need to file this procedure. Opening any type of estate would be to have authority to sell or distribute assets, if there are none you do not need to open an estate.
Normally you would contact the judge's office to get a hearing time. The question is what type of guardianship is this, since other than a guardian advocate appointment you may need an attorney for a permanent guardianship.
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