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 »
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 »
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 »
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 »
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.
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 »
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 »
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 »
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 »
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... Read more »
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 »
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.
And can you send out death certificates to these companies to see which ones will just clear the account and close them?
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 »
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 »
Will obtained from late father is out dated, prior to moving to Florida. It doesn't include present condo ownership.
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 »
On brokerage acct.. My stepsister as secondary beneficiary. My dad died July 2022. Does her account go to my dads estate or to stepsister
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 »
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 »
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.
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 »
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.
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 »
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.
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 »
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 »
She recently passed away and he is getting an inherent.He owes me 16yrs of back child support.
To clarify, the firearm was found in another person’s possession but has both sets of fingerprints.
answered on Jun 29, 2022
Can he be charged? Sure. Will he be found guilty? No way to tell.
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 »
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 »
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
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.
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?
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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