Get free answers to your Probate legal questions from lawyers in your area.
I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More 
answered on Apr 16, 2025
Yes, it is an affirmative duty to submit the Will to the clerk of the court in the county where your husband resided and yes, a law office can help you with this if you are out of state or otherwise need help. In accordance with Florida Law, the person in possession of the Will (custodian of a... View More
I did not file my late husband's non-probate will in Florida because I wasn't aware I needed to. It's been 2 ½ years since his passing. The will primarily involves a car and a house that were in both our names. Our bank accounts were transferred to my name only during a Qualified... View More
answered on Apr 16, 2025
If there is an asset that still remains in your husband's name and you need to transfer it to the beneficiary of the will, you can still probate the will and qualify as personal representative to make that happen. If you are simply trying to comply with the Florida statute that requires the... View More
I am a direct heir and need to file the appropriate documents in the Volusia County, FL probate courts to claim unclaimed property exceeding $300,000. I possess death certificates, an affidavit of heirship, and a copy of the trust with unredacted pages. I'm aware of the specific forms required... View More
answered on Apr 8, 2025
If the probate court is involved, then some version of probate will likely be required as the asset was likely never put into the name of the Trust I would suspect and therefore a probate will potentially be required. If this is in Florida, then you will need a Florida Probate Attorney and have... View More
I need legal assistance regarding an inherited property in Live Oak, Florida. Over 200 acres were purchased in the late 1800s and willed to 11 children, meant to pass on to future generations. A family member, who is not a direct heir while his father is still living, currently manages the... View More
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answered on Apr 4, 2025
You have not stated who the owners are, as heirs are not will devisees. Is the probate still open? If so then a motion might be made to remove the executor. If the Estate is closed, then a partition action might be made by the ascertained titled owners. But there may be a class gift devise... View More
I need legal assistance regarding an inherited property in Live Oak, Florida. Over 200 acres were purchased in the late 1800s and willed to 11 children, meant to pass on to future generations. A family member, who is not a direct heir while his father is still living, currently manages the... View More
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answered on Apr 5, 2025
At this point, you should strongly consider retaining a probate attorney to determine your rights and the current status of the property. Under Florida law (and in most states), the "intention" of the testator—when expressed through precatory language, such as "I grant this land... View More
My sister recently passed away intestate in Leon County, Florida. She had no assets other than $1,700 in a bank account and her debts to unsecured creditors exceed this amount. I paid $3,100 for her funeral expenses. My sister didn't have a spouse or children, and both our parents and our... View More
answered on Apr 1, 2025
I am very sorry for your loss on the passing of your sister, please accept my condolences at this sad and difficult time. You will want to contact the clerk of the court in Leon County, Florida, that is Tallahassee and ask them for the documents for a probate for "Disposition of Property... View More
I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More
answered on Mar 29, 2025
A review of the property deed would be necessary and then a probate of the estate of any deceased beneficiary (your aunt), you could commence a probate of her estate and that would get their attention potentially if they are not interested, also, an offer to your uncle for his 1/3 share. Until your... View More
I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More
answered on Mar 31, 2025
Unfortunately, you cannot force them to sell you the property. However, you can force the sale of the property to the highest bidder through a partition lawsuit. Your grandparents' and aunt's estates will need to be probated to ensure all of the correct parties are named in the partition... View More
My mom passed away in 2010, and my sister said there was a will, which she witnessed as one of the two witnesses. It took years for me to locate the will, but I eventually found it and filed it at the clerk's office. Since then, the other witness has passed away, leaving only my sister as the... View More
answered on Mar 25, 2025
Yes a will can be admitted to probate if one or more of the witnesses is deceased. If the will is self-proving, meaning that certain attestation clauses are included in the signature area, then witnesses are not contacted in the probate case at all. If that attestation clause is absent, then the... View More
My mom passed away in 2010, and my sister said there was a will, which she witnessed as one of the two witnesses. It took years for me to locate the will, but I eventually found it and filed it at the clerk's office. Since then, the other witness has passed away, leaving only my sister as the... View More
answered on Mar 26, 2025
You will want to have a copy of the Will reviewed by a Florida Probate Attorney, but as long as the Will is validly executed, it does not matter if a witness is since deceased. A copy of the property deed will be helpful as well in order to have that reviewed along with the Will, based on the... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More
answered on Mar 22, 2025
You should have submitted and claimed all of these expenses with receipts with the probate court during the probate, where was your probate attorney while this was going on? You may have to try to go back and reopen probate and get it addressed there, or you may have to try to file a lawsuit in a... View More
I was named the personal representative in my mother's will in Florida, which gave me the authority to make decisions about the estate. The will also specified that estate-related expenses, including burial and funeral costs, were to be shared by both beneficiaries, myself and my sibling.... View More
answered on Mar 23, 2025
If there are no non-exempt assets, there are no assets from which the Court would enter an order directing that you be reimbursed, the reason being that the probate court only has jurisdictions over the assets of the estate. So, yes, the Court does order that the heirs pay any debts for which... View More
I inherited a Florida homestead legally through probate court in 2024. I was already residing in the home with my mother before she passed away, and this is my permanent residence. However, the homestead property tax exemption was removed because the property appraiser claimed I did not own the... View More
answered on Mar 21, 2025
If the probate had been done and completed and the property transferred to you via Petition to Determine Homestead Status of Real Property, you should be able to record the court order and that will prove your ownership and you can apply for Homestead for tax purposes, you will not be able to carry... View More
My father passed away in 2018 while living in Panama City, Florida. There is no record of a will or probate case. I recently discovered that he has unclaimed property (a checking account) listed with the Florida unclaimed property division. I live in California, and I have one brother—there are... View More
answered on Mar 21, 2025
Generally, when there is no Will, the Florida Intestate Statutes (without a Will) are going to apply, this usually means to the surviving spouse, the children in equal shares and so forth according to Florida Statute. Whether a probate is required the Florida Department of Financial Services will... View More
My father, who was very wealthy, had a will, but my family hid it and took everything he owned, leaving me with nothing. I haven't spoken to a lawyer or taken any legal action yet. What can I do in this situation?
answered on Mar 19, 2025
I am very sorry for your, please accept my condolences for you and your family at this difficult and sad time.
If there is a Will, Florida Statute requires that they submit it to the clerk of the court within 10 days if this is in the State of Florida.
If no probate was commenced,... View More
My mom recently passed away, and I have been living with her for 15 years. During this time, I have been the one paying the mortgage, although I am not on the deed. There is no will, but my brother has no interest in the house. My mother intended to leave the house to me, and we were in the process... View More
answered on Mar 11, 2025
I am sorry for your loss on the passing of your mom, please accept my condolences for you and your family at this sad time. When there is no Will, the Florida Intestate (without a Will) Statutes are applied. This basically means that assets go to the surviving spouse, if there is no spouse it goes... View More
My mom recently passed away, and I have been living with her for 15 years. During this time, I have been the one paying the mortgage, although I am not on the deed. There is no will, but my brother has no interest in the house. My mother intended to leave the house to me, and we were in the process... View More
answered on Mar 11, 2025
In order to get the property into your name, you will need to file for probate. If the house is the only asset of your mother, you can file for summary administration and establish the property as her homestead. The property will then transfer to you and your brother. Last, he will need to sign a... View More
In accordance with Florida law, can a revocable trust be executed or delivered if the assets, such as bank investments and real estate, were not transferred into the trust account before the grantor's death? My aunt passed away in September 2024, and her lawyer did not explain that the assets... View More
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answered on Mar 10, 2025
In Florida, a revocable trust must have assets properly funded into it during the grantor’s lifetime to fully function as intended. If assets like bank accounts and real estate were not transferred before your aunt’s passing, those assets may need to go through probate to be moved into the... View More
My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More
answered on Mar 10, 2025
Your sister has an affirmative duty to submit any will to the clerk of the court within 10 days of passing, since this has not been done and 5 years have passed already, you can start a probate yourself, you do not need your sister or the Will. If there is a Will she will bring it forward once you... View More
My sister is in charge since our mother passed away 5 years ago. There was a will, but my sister never filed it in the county where our mother died in Florida. I am a sibling, and my sister refuses to provide me with any information on the inheritance. I have not seen the will or any estate... View More
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answered on Mar 10, 2025
You have several legal options to address this situation in Florida:
Demand Filing of the Will – Florida law (Fla. Stat. § 732.901) requires the custodian of a will to file it with the court within 10 days of learning of the testator’s death. You can send a formal written request to... View More
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