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Florida Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Florida personal representative compensation.

In Florida can a personal representative be compensated on the value of real estate if the real estate in question was homesteaded by the Descendant at the time of death? The real estate was sold during probate.

Phillip William Gunthert
Phillip William Gunthert answered on Sep 22, 2020

No, Homestead is not part of the probate estate. I would further state, the probate attorney should be clearly conveying these facts and answering these questions in a timely manner.

2 Answers | Asked in Probate for Florida on
Q: My mom died 15 yrs ago. Fltreasurehunt shows an account. No probate was opened. Do we need one now?
Mr. Long H. Duong
Mr. Long H. Duong answered on Sep 18, 2020

The Bureau of Unclaimed Property (who administers Fl Treasure Hunt) may have a threshhold amount (possibly as high as 10k) before probate is required. Call ahead and find out if probate would be absolutely required. Otherwise, you'd likely need probate.

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1 Answer | Asked in Collections and Probate for Florida on
Q: Need help with probate debt

I have an open probate in Florida for which I am the personal representative. The estate is owed $1,700 from a country club. They have yet to acknowledge any attempts to collect this debt. We have no one in the Florida area, so small claims does not seem to be an option. The cost of using the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 13, 2020

Depending on the basis of the claim and if you have a contract providing that the prevailing party gets awarded attorney fees, you might consider that option. Or you could assign the claim to one of several debt recovery companies that pursue small claims cases all the time. But, if all else... Read more »

2 Answers | Asked in Probate for Florida on
Q: Is it really not allowed to file for a SUMMARY ADMINISTRATION without an attorney, in miami-dade county probate court?

A bank has reliquished savings funds to the floridatreasurehunt.gov. The state in turn will relinquish those assets to the next of kin once a probate order has been given. There was no will, it was past the 2 year statue of limitation for creditors and the amount in question is less than $75,000 a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 9, 2020

The reason is because the rules of court require it. Probate is one of the few areas in which most people are required to have an attorney represent them in the proceedings.

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1 Answer | Asked in Probate for Florida on
Q: Mother died 4 years ago, as son I would like to claim funds held by the state. Probate is required. What forms do I nee

miami-dade, florida i want to know exactly what forms are necessary and a little bit about the process

Phillip William Gunthert
Phillip William Gunthert answered on Sep 9, 2020

Contact the clerk of the court or go there and ask about disposition of property without administration, you may be able to do this on your own, if a different probate is required and or needed you may end up being stuck doing a Summary Administration or even a Formal Administration and then you... Read more »

2 Answers | Asked in Probate for Florida on
Q: My mother passed away three months she had a living will my other siblings sold her home didn't include me & other sibli
Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 8, 2020

A living will concerns the decision to not prolong life by artificial means; i.e.: "pulling the plug"; and is not the same as a testamentary disposition of property once someone dies. You need a probate attorney to look into whether your siblings properly sold the home, because without a... Read more »

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Private paid Nurse was made sole heir and Arbiter of the Will after grandmother's passing. Is this legal?

My grandmother recently passed away, and her paid at home nurse, who was also power of attorney, produced a will that names said nurse as not only Arbiter of the will, but the sole heir to the entire estate.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 6, 2020

You probably should consult with an attorney; the home nurse might very well have exercised undue influence which could invalidate the will.

1 Answer | Asked in Probate for Florida on
Q: Do I need to sign a waiver while my property is in probate
Victoria Morales
Victoria Morales answered on Aug 31, 2020

As an heir or beneficiary of property being administered in a probate proceeding in Court, a person may be asked to waive or consent to a number of actions. It is not clear from the question what the waiver is for, and what type of property, real or personal, this is.

Typically,...
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3 Answers | Asked in Landlord - Tenant, Probate and Real Estate Law for Florida on
Q: what should I do I am in dispute between two co-owners of a property in a probate and I am a tenant

i was taking care of elderly man he passed away i am paying rent without a lease the property is in probate. I am paying rent to the elderly mans daughter and the other dispute is with his deceased wife children. Due to me being a tenant and paying rent to one party I am getting pressure from the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 29, 2020

I advise you to move. Give each party 15 days notice in writing or longer, before the next month's rent is due.

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1 Answer | Asked in Probate for Florida on
Q: Mother died, no will, just me and my sister, shortly after my sister passed

I didn't have contact with my mother or sister for years. Apparently my sister, her husband and children lived in my mothers home. My brother in law has started selling property (a car, possibly more) I believe I should have been asked to allow that to happen and I am afraid he will sell or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 22, 2020

Yes, it appears that you are entitled to half of your mother's estate. You will need a probate attorney to represent you. Contact one in or near Lakeland.

2 Answers | Asked in Probate for Florida on
Q: Are there any probate family lawyer in Vero Beach

I'm trying to file for some kind of custody arrangements with my kids mom

Barry W. Kaufman
Barry W. Kaufman answered on Aug 17, 2020

Probate lawyers handle the affairs of those of us who have died. Family law lawyers handle things like divorce and child custody. Some lawyers practice in both areas of law.

You want a family law lawyer. There are plenty in Vero Beach and the surrounding area, but you have to be able to...
Read more »

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2 Answers | Asked in Probate for Florida on
Q: My dad died w/ only an1,800$ bank account and his only debt was a 1,800 hospital bill. Do I go to probate or not?

I live in Florida and believe the hospital bill will be payed with that money before it would go to me(the informant). Thus I would not want to pay probate court fees to get nothing. Also I did pay 600$ for his cremation out of my pocket and he only had a living will.

Evelyn Suero
Evelyn Suero answered on Aug 14, 2020

In Florida, it is possible to file a Disposition of a Decedent's Personal Property Without Probate Administration which is a process that can reimburse the person who paid for the decedent's final expenses, such as funeral or medical bills, using the assets in the decedent's estate as payment.

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1 Answer | Asked in Probate for Florida on
Q: Brother died no spouse no children he had 1 brother 1 sister and a deceased brother who had a child does the niece get

Anything in probate or is it just the two siblings in the state of florida

Evelyn Suero
Evelyn Suero answered on Aug 13, 2020

In Florida, if a decedent dies intestate without a surviving spouse, descendants, or surviving parents, then pursuant to FL Stat. 732.103(3), the estate would descend to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters (which would include the child of the... Read more »

2 Answers | Asked in Probate for Florida on
Q: My brother passed away in florida with no will the only one left is me and my sister . Another brother died 5 years ago

He had 1 child does she get any thing in probate or not.

Phillip William Gunthert
Phillip William Gunthert answered on Aug 13, 2020

You will need to contact and speak with a Florida Probate Attorney, generally speaking, if a person passes away without a Will the spouse inherits, if there is no spouse then the children, in your example, it appears that there is only one single child, this basically means that the child will... Read more »

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1 Answer | Asked in Probate for Florida on
Q: my mother passed over ten years ago and her will name myself and one of my sisters are joint personal representatives.

mother left her mobile home and homestead exempted real state (6.45 acres) to only myself and my ones sister.

Mother had four children who she excluded in the Will, but left it up to me and one sister to decide to include the other two or not.

My mother was hospitalized for four... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Aug 9, 2020

Since your mother has been gone more than 2 years claims against the estate are barred. You still need to open a probate and file the will with the clerk. A petition to determine homestead will need to be filed as to the property. Technically you can do the summary administration your self but... Read more »

2 Answers | Asked in Probate for Florida on
Q: my brother in law passed away and has a leased car, with insurance am I allowed to drive this car with his insurance
Barry W. Kaufman
Barry W. Kaufman answered on Aug 8, 2020

ABSOLUTELY NOT. Sorry for your loss, but when he passed the lease ended and the insurance expired. Whomever is handling his affairs should take possession of the car and secure it, then notify the leasing company immediately, and the insurance company.

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2 Answers | Asked in Probate for Florida on
Q: Florida statute 69.031 requires the court to designate a bank. How do I propose a bank to the court?

I am the Personal Representative of my mom's estate and I need to open a restricted depository account per my Letters of Administration. How do I do propose my bank to the court so the court may designate it?

Seril L Grossfeld
Seril L Grossfeld answered on Jul 20, 2020

This should be something your attorney should assist you with since some banks are more difficult than others in servicing these accounts and if you need periodic payments from the account there may only be a few banks that will provide this service. Since you are a personal representative I am... Read more »

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3 Answers | Asked in Probate for Florida on
Q: My FL probate attorney isn't returning calls, letters or emails. Can I file a doc with the court to fire the attorney?
Seril L Grossfeld
Seril L Grossfeld answered on Jul 14, 2020

You most likely are going to need an attorney to represent you if your present attorney isn't doing the job. I would consult with a substitute attorney and have that attorney take care of doing this. You may also want to check with the Florida Bar to make sure your present attorney is still... Read more »

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: can executor cut inheritance $500 each to pay others more when not specified

Grandparent leaves each grandchild $10k, remainder to greats. Can executor cut the $10k by $500 to pay more to the great grandkids when that is not specified? Only that grandchildren each get $10k? I feel that if you don’t have a kid (which would be a great) then you get screwed out of $500 that... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 7, 2020

The personal representative is supposed to follow the Will to the letter.

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1 Answer | Asked in Estate Planning and Probate for Florida on
Q: Adopted son of Deceased heiress had his birthright taken and sold by older executor sibling..... While at war in Vietnam

He was under 21. Any hope of reinstating his adopted birthright?(Kellogg) All the kids were entitled to a dividend check every 5 years.... The oldest sibling was advised by her lawyers that she could take control and sell the dividend rights of the siblings under 21 yrs old. which she did...

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 5, 2020

Assuming this happened during the war in Vietnam, no; the statute of limitations would have tolled any claim he may have had, decades ago. And what do you mean "birthright" should he have inherited something from the "deceased heiress"?

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