My wife’s brother is the executor of the will. We are selling the house that I am making the mortgage payments on. The mortgage is in my father in laws name and the executor is demanding that all proceeds go into the deceased estate and he is entitled to 1/3 after he settles the estate using the... View More 
answered on Sep 28, 2023
If this property is joint tenants with rights of survivorship between your late father in law and you and your wife, then you and your wife are the 100% owners. All you would have needed to do is record his death certificate. If these are the facts, then the property is not part of the estate. You... View More
I hired counsel for my mothers probate in 3/2020. I told her if the process risked my mental well-being i didn't want anything to do with it. She advised it would be a simple probate, told me to move into the home to protect it by homestead, told me I would be able to sell the house within 6... View More
answered on Sep 28, 2023
It may well be. A probate attorney should inquire as to the marital status of the decedent at the outset of an engagement. It’s a very important and basic question like did the decedent have a will. Unless you represented that your mother was “single” and not “divorced”, you may well... View More
I was personal rep on the estate of my mother and step father, I was ill-advised in the beginning of the probate process and due to a serious of events that followed the house was going to foreclosure so I worked with an investor to sell the home and he wrote a contract full of manipulative... View More
answered on Sep 27, 2023
Forgery of course is a crime, and it's generally a good idea to report it to the law enforcement agency in the locale where the crime occurred. However, if I were you, before anything, I'd schedule a consultation with a probate litigation attorney. Your post is unclear on what you mean... View More
One of the requirements is a certified copy of legal probate documentation, dated within the past year, that reflects you are the legal heir or current representative for the estate of the deceased owner. My parents think that this is a scam. I know that it is not. We currently live in the same... View More
answered on Sep 6, 2023
You would need and want to speak with a Florida Probate Attorney and they could advise you on the type of probate that would be applicable and necessary. Whether you are a beneficiary would have to be determined, was there a Will/Trust a surviving spouse and so forth, you are pretty far down the... View More
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
answered on Sep 4, 2023
Sounds like you haven't contacted the insurer to address the problem. Why not? The sole fact that your mother died should not be a reason for the insurer to cancel the policy. If there were some misrepresentation or faked signature in the initial application or renewal process, and that... View More
Unknowingly my deceased mother was still on our joint homeowners policy. Recently had a fire, and they’re sending me checks in both of our names, and I am unable to cash them. How do I cash these checks or get them to make it out only in my name? Can they cancel my insurance for this?
answered on Sep 4, 2023
If you cannot get them to reissue the check in your name alone (not very likely), then this may well end up being an issue that will need be addressed as part of your mom's probate being done. If no probate was ever undertaken, it may well mean one does need to be done related to these checks... View More
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answered on Aug 29, 2023
In Florida, it's generally necessary to disclose mortgage liens during probate proceedings. Mortgage liens are considered part of the deceased person's liabilities, and creditors, including mortgage lenders, have a right to make claims against the estate to recover the outstanding debt.... View More
I have spent the last 12 days - all day long - contacting every probate attorney in the area. The regular probate attorneys say I need a litigation attorney but the litigation attorneys say any attorney can do it in a few minutes and it is not a litigation issue. I am running out of time and... View More
answered on Aug 24, 2023
Filing an objection means that you are contesting something about this estate, and may probate attorneys including myself do not handle adversarial matters. For that reason, yes, you would need to retain someone who either is willing to handle an adversarial estate or handles probate litigation. If... View More
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answered on Aug 23, 2023
In Florida, to obtain a sworn copy of a will and an affidavit that the estate is not indebted, you would typically need to go through the probate process. The probate court oversees the distribution of a deceased person's assets and ensures that the terms of the will are carried out.
answered on Aug 23, 2023
You likely need to check with the clerk of the court in the county where the probate took place and or you will need to work with a Florida Probate Attorney in order to draft these and or any other documents that may need to be filed related to probate matters.
My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More
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answered on Aug 21, 2023
It sounds like your friend needs to review the deed to the property. If the deed was prepared properly when the mother passed away then it cannot be changed, absent the agreement of both parties. Speak with a local real estate lawyer for more specific advice.
I was the full-time sole caregiver for my parent in hospice for almost 2 years. During that time, they said they wanted to move money from POD accounts (with 2 equal beneficiaries) into a joint account I shared with the parent. They said it wasn't fair that I was single-handedly saving... View More
answered on Aug 17, 2023
The burden of proof falls on the accusing party but they only have to prove that by a margin greater than 50%, in other words, that it was more likely than not that the funds were wrongfully taken. If there are no witnesses and no written communications memorializing your parent's desire to... View More
Is it legally binding? The signature of my mother is forged since she was incapacitated and not able to agree to this? What are my options to rectify this?
answered on Aug 7, 2023
In addition to requesting the court set aside the fraudulent deed, you could also ask for an order to quiet title. If your mother is still living and now capable of making decisions in her own capacity, she will need to bring the action herself. If your mother is still living and now incapable of... View More
Mother passed in 2017. I am her sole living heir and was able to claim her physical belongings and car title at the time of her death. I just became aware that she has a small bank account on the Florida Unclaimed Property website, and I want to submit a claim for it. It is asking for a... View More
answered on Aug 4, 2023
You will need some form of probate completed to show you are the sole living heir. A summary administration or disposition without administration should be the easiest route depending on the amount of money in the bank account. You can also typically provide a death certificate that has the social... View More
He has paid the taxes from 2018-2022.
answered on Jul 29, 2023
Assuming that he doesn't have "color of title" (something in writing giving him a claim to the property), he must comply with Florida Statute 95.18 (entitled "Real property actions: adverse possession without color of title").
That statute requires that he make... View More
He has paid the taxes from 2018-2022.
answered on Jul 30, 2023
Not very easily. A probate will need to be done and the property will go to the person mentioned in a Will or Trust, as designated on the deed or via Florida Intestate Statutes (without a Will), so, unless they are specifically mentioned and unless they meet the lengthy adverse possession... View More
There is a will and a life estate that is transferring to me. Do I need to do a notice of administrative?
answered on Jul 28, 2023
Generally, if there are any assets in the name of the deceased alone, then a probate will more than likely be required of one type or another. You will need to provide additional details to a Florida Probate Attorney and they will need to review the Will/Property Deed and the circumstances so they... View More
He had credit card debt, so a signed affidavit that he had no debt isn’t possible, but everything I read says that affidavit is required in this scenario- but everything I read also says car should be exempt? If car is exempt from credit card debtor, how do we transfer ownership to my mother if... View More
answered on Jul 20, 2023
If your mom has moved to another state, you should be able to skip the step of transferring title in Florida by taking the Florida title and his death certificate to the tag office in the state where she resides and see what title transfer on death form that state uses. In Florida probate is not... View More
My cousins were living on the property as I had been informed.No one sent any information about lumber being sold. I want to know if it is Heir property, should all of his children be notified of this occurrence!
Are we able to retrieve what has been taken without the proper procedure!?... View More
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answered on Jul 18, 2023
Initially hire a GA attorney to investigate the real properties. At least a title search is required, possibly looking at a probate file or other Court records. If no will, then probably Father's heirs own property, which may include you. Determine heirship and thus owners as tenants in... View More
answered on Jul 14, 2023
Yes, be prepared to show a death certificate and possibly a copy of the will. If there is no will, just keep a copy of the death certificate handy. If the post office is being very stubborn and the mail is of critical importance, you may have to open an estate for your husband to settle his affairs... View More
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