Get free answers to your Probate legal questions from lawyers in your area.
I made contact with the mortgage company, I'm assuming the loan and have been making monthly payments. What steps do I need to take with my Florida Courts?
answered on Feb 11, 2025
I’m sorry to hear about the passing of your loved one. My deepest and sincerest condolences. If you are both on the loan document and are both on the title to the house, then the title will automatically pass to you if its held as joint tenants with rights of survivorship, which normally is how... View More 
I made contact with the mortgage company, I'm assuming the loan and have been making monthly payments. What steps do I need to take with my Florida Courts?
answered on Feb 7, 2025
I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family at this difficult and sad time. As a surviving spouse and with your name on the property deed, you should be able to assume the mortgage, no refinance or similar needed. You should... View More
I am next of kin and we were estranged. He was living in a hotel in Florida for over a year, with intent to live there permanently. He has a paid up storage unit in Texas. Owned no real estate but "may" have proceeds of sale of late mother's home in internet bank accounts but... View More
answered on Feb 6, 2025
Since Florida appears to be state of residence it would appear that Florida would be the appropriate start to pursue the probate. Since there are assets in Florida that is another reason why some form of probate will likely be required in the State of Florida.
Any assets in the State of... View More
I am next of kin and we were estranged. He was living in a hotel in Florida for over a year, with intent to live there permanently. He has a paid up storage unit in Texas. Owned no real estate but "may" have proceeds of sale of late mother's home in internet bank accounts but... View More
answered on Feb 7, 2025
You will need to file summary administration in Florida if his estate was valued at less than $75,000. If you had no other siblings, your brother had no spouse or children, and both of your brother's parents are deceased, you would be entitled to 100% of the estate. Your uncle would need to... View More
The petitioner (decedents step-son) is 50% owner & is on the original title, paid all property taxes for the past 10 yrs. & lives in another county w/ no access to the property. The petitioner attempted to open a formal administration to be appointed Personal rep., since the decedents... View More
answered on Feb 3, 2025
First, the personal representative needs to be appointed. The personal representative can finalize the estate and determine all of the heirs. They can also evict the felon occupying the property. After that, any heir can force the partition through. The code enforcement liens will not prohibit a... View More
The petitioner (decedents step-son) is 50% owner & is on the original title, paid all property taxes for the past 10 yrs. & lives in another county w/ no access to the property. The petitioner attempted to open a formal administration to be appointed Personal rep., since the decedents... View More
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answered on Feb 2, 2025
The petitioner still has legal options to force the sale of the property despite the stalled probate proceedings and the existing code enforcement lien. Here’s an outline of possible legal steps:
1. Action for Partition
Since the petitioner is a 50% owner as a tenant in common,... View More
My father had a revocable living trust and a pour over will. My sister and I are only beneficiaries. Noone is going to contest anything. I know Florida law says "10 days" after death to file a will, but there are no legal consequences of missing this deadline, correct?
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answered on Jan 29, 2025
I'm sorry for your loss.
You're correct that Florida law requires a will to be filed with the court within 10 days of the person’s passing (Florida Statute § 732.901). However, there are no direct penalties for missing this deadline—courts typically accept late filings as... View More
My father had a revocable living trust and a pour over will. My sister and I are only beneficiaries. Noone is going to contest anything. I know Florida law says "10 days" after death to file a will, but there are no legal consequences of missing this deadline, correct?
answered on Jan 29, 2025
I am very sorry for your loss on the passing of your father, please accept my condolences for you and your family at this difficult time.
While Florida Statute require the Will to be submitted to the clerk of the court within 10 days, nobody holds you to this standard and hardly anyone ever... View More
my older brother didnt file my late mothers will but instead year and half later went to a lawyer and now is filing a petition to descent and heirship and said she died instate. Before my mom died she went and got a $15,000.00 mortgage on her home and gave it all to my brother in one transaction... View More
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answered on Jan 27, 2025
I'm sorry you're dealing with this complicated and emotional situation. Here’s some guidance that might help clarify your steps forward, but keep in mind that consulting a qualified probate or estate attorney in Kansas will be your best course of action. Here’s what you need to... View More
There was no spouse, no children, and no other heris. It was specifically given to me in a Will. I understand that I don't get homestead exemption from creditors. But, I wanted to know if the status of the homestead stays on the property itself, and if so, does that mean it's protected... View More
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answered on Feb 3, 2025
Great question! Here’s the breakdown:
Homestead Status vs. Exemption
Homestead Status refers to the legal characterization of the property as a homestead, offering certain protections.
Homestead Exemption offers tax benefits and protections from forced sale by creditors.... View More
There was no spouse, no children, and no other heris. It was specifically given to me in a Will. I understand that I don't get homestead exemption from creditors. But, I wanted to know if the status of the homestead stays on the property itself, and if so, does that mean it's protected... View More
answered on Jan 25, 2025
Since you are not an heir in accordance with Florida Statute, Homestead protection will not apply to you, see below:
Fla. Stat. 732.103 includes as “heirs” the following persons: descendants of the decedent, decedent’s father or mother, decedent’s brothers or sisters and their... View More
answered on Jan 27, 2025
Some of the prior responses provide excellent alternatives to putting your daughter on the deed, presumably as a co-owner. I thought it might be helpful to explain why putting her on title as a co-owner now generally is not the best idea.
1. Your daughter will likely incur additional... View More
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answered on Jan 24, 2025
Great question! To ensure your home does not go through probate after your passing, there are a couple of effective options available to you. At Hadeed Legal, we often recommend two approaches for situations like this:
Create a Trust: One of the best ways to avoid probate is to set up a... View More
answered on Jan 24, 2025
I would encourage you to speak with a Florida Estate Planning Attorney, not only will they be able to help you with your Homestead issue, but they will be able to help you with respect to other important and pertinent estate planning documents such as a Will, Trust, Power of Attorney, Florida... View More
answered on Jan 24, 2025
At times you can find this document on the clerk of the court website in the county where the probate is being done in the probate division online or from the clerk of the court, sometimes. If you are doing a probate that needs and requires this, then you likely should be using an attorney for the... View More
I successfully obtained a court judgment that entitles me to receive a specific portion of my ex-husband's pension. However, he recently passed away before I was able to collect the full amount awarded to me.
Given this situation, I would like to know if it is possible for me to... View More
answered on Jan 23, 2025
You will likely need to file a claim against your ex-husband's estate in probate court to collect the remaining pension benefits. You can do this by contacting the Probate Court, submitting a claim within the statutory period allowed for creditors after the estate is opened, and providing... View More
My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a... View More
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answered on Jan 27, 2025
Since this is in Florida, your brother’s children likely have a claim to his share of the house if he passed without a will and the property wasn’t set up with rights of survivorship (which would’ve automatically made it yours). Without formal paperwork documenting your verbal agreement with... View More
My brother took the money from my parents account and we agreed I'd keep the house, however we never formally filed any paperwork to document this, now his children want half the estate, are they entitled to it even tho thy never lived here or helped with it financially and he never left a... View More
answered on Jan 23, 2025
If there is some written documentation regarding the arrangement you and your brother agreed to, it is possible that you can keep the house. The written agreement can be in text messages, emails, or any other form of writing. Without that, your brother's children will inherit his 50% of the... View More
Am also wondering when I sell his house & car, do the funds go into estate account? Or because judge put everything into my name personally, & not "the estate of XYZ", does that mean funds go into my personal bank account. Am so confused, as am so used estate stuff being kept... View More
answered on Jan 22, 2025
The house needs to be valued at its date of death value. If you sell the house for more than that amount you would be subject to taxes. But only if the net sales price is more than the appraised value.
If the Judge put everything in your name then nothing needs to go into an estate account.
My mother passed away recently. Her will states that my living father is a 100% beneficiary of everything. All of the bank accounts / stocks account is either joint or has him listed as beneficiary. No real estate. No debts. Do we still have to file the will with county clerk and go through probate?
answered on Jan 20, 2025
I am very sorry for your loss on the passing of your mother, please accept my condolences for you and your family at this sad and difficult time.
If there are no assets in your mother's name alone then it is unlikely that any type of probate will be necessary, as long as you are sure... View More
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