AS PR, do I have to get assignments to distribute commercial property with mortgages, or does the mortgage go with property automatically?
answered on May 22, 2023
If the mortgage is in the name of the deceased, it is actually a debt of the estate that should be paid by the estate. If the debt cannot be paid by the estate the property should be sold or if a beneficiary chooses to receive the property subject to the mortgage, the beneficiary should be required... Read more »
I have completed the entire form for Pinellas county, however the other beneficiary lives in Europe and neither she nor I have been able to figure out how to satisfy this requirement:
"PROOF OF SERVICE OF FORMAL NOTICE
Under penalties of perjury, I swear or affirm that on... Read more »
answered on May 15, 2023
Hi! Thanks for your question. If the other person is also an heir or other interested party, they can sign a joinder, waiver and consent to the petition. This joinder, waiver and consent form also includes language stating that the person waives notice and hearing. If you can find the joinder,... Read more »
No single account more than $10,000. Cumulative is about $13,000.
answered on May 10, 2023
It is likely that you will need a Florida Probate Attorney in order to file a Summary Administration Probate, if tends to be faster and more efficient than having to do Formal Probate that really likely would not apply to your circumstances. If so motivated, you may want to check with the clerk of... Read more »
No single account more than $10,000. Cumulative is about $13,000.
answered on May 10, 2023
Thank you for your question. You will most likely need to open a probate estate and get an order of summary administration from the Court in the county where your mother resided and then include a certified copy of that order in the packet that you send to State of Florida Unclaimed Property to... Read more »
The only items there are are the homestead property, 1 primary vehicle and the furnishings of the house which are certainly less than $20k in value. I am only just trying to sell the house, not interested in keeping it.
answered on May 10, 2023
Thank you for your question. Yes, it is most likely that you will need to open a probate estate to transfer the homestead and the other assets. When an asset such as a homestead, a vehicle, or furniture, furnishings and appliances are deemed to be "exempt property", that does not mean... Read more »
The only items there are are the homestead property, 1 primary vehicle and the furnishings of the house which are certainly less than $20k in value. I am only just trying to sell the house, not interested in keeping it.
answered on May 9, 2023
I am sorry for your loss and please accept my condolences. While you need to speak with a Florida Probate Attorney and provide additional details, the answer to your question is that you will need some version of probate if the property did not pass via the deed (rights of survivorship, enhanced... Read more »
Can I, being his niece, fly to Florida with his death certificate and authorization to represent the surviving family, be able to have his assets transferred? Do I need to get a probate lawyer? I know of most of his assets, none including real estate. He had recently sold his house in Coconut... Read more »
answered on May 9, 2023
I am very sorry for your loss on the passing of your uncle, please accept my condolences for you and your family at this sad and difficult time. You will need to speak with a Florida Probate Attorney, if there is no Will or Trust, then the Florida Intestate Statutes will apply (without a Will). The... Read more »
My mom and my aunt on a property together that is zoned as a duplex on the same lot. They wrote up an enhanced life estate deed with a lawyer stating that I would get 50% and my cousin will get 50%. My question is upon their death me and my cousin or the remainders, but does that mean that in the... Read more »
answered on May 6, 2023
Thanks for your question! An attorney would need to take a look at the deed to confirm my answer, but based on the facts that you have provided, you and your cousin would be remainder beneficiaries as tenants in common (not with survivorship between the two of you). This means that you would each... Read more »
My sister's were living in the condo with my dad until he died. Are any of all of us allowed to reside here until it sells?
answered on May 4, 2023
If the siblings are in agreement, then any one of them may stay in the property pending resolution of the estate. If there is disagreement, any sibling residing in the property to the exclusion of the others may be liable to the estate for a reasonable amount of rent. The Florida probate attorney... Read more »
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... Read more »
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... Read more »
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... Read more »
answered on Apr 29, 2023
First, you can challenge the quitclaim deed from your mother to your brother under the legal theory that your mother was of unsound mind at the time of the execution of the deed. If you are successful, the property would then pass according to your mother's will if she had one or to her heirs... Read more »
My wife, a resident of Kansas City, Missouri passed while owning property in Marianna, Florida.
The property appraiser's website reflects her property has a market value of $1,665. My wife had $20,000 in a Trust Account. My wife could not have children and does not have any other... Read more »
answered on Apr 27, 2023
I am very sorry for your loss on the passing of your wife, please accept my condolences for you and your family. I would encourage you to check the deed of the property, based on how the property is held, you may be able to just record a death certificate if you had/have rights of survivorship. If... Read more »
The drafts are AB Living Trust. Nothing is titled in the trust name, however a large investment account and a million dollar home are titled in an LLC in which he and Mom are the only members. They have not conducted any true business from that LLC. The drafts say that all joint and separately... Read more »
answered on Apr 24, 2023
His share in the LLC would be part of his estate. It isn't clear if the will leaves everything to an apparently non-existent trust, but if so, the will would probably fail, and his estate would be intestate.
No, she can't just put the assets in her name; his share of the LLC... Read more »
The drafts are AB Living Trust. Nothing is titled in the trust name, however a large investment account and a million dollar home are titled in an LLC in which he and Mom are the only members. They have not conducted any true business from that LLC. The drafts say that all joint and separately... Read more »
answered on Apr 24, 2023
The will may create a testamentary trust by virtue of the language contained in it. It would be best to have an attorney review the will before moving forward. Consultations are free. The trust drafts will not be enforceable unless you can find a copy signed by your father placing the property... Read more »
answered on Apr 18, 2023
Generally yes, but if you have moved to and now reside in Florida, you should go speak with a Florida Estate Planning/Probate Attorney because there are a lot of Florida Estate Planning issues that you will want to specifically look at, update and address with respect to Homestead, rights of a... Read more »
The loan is only in her name. My name is listed jointly with her on the title/registration. We had a verbal agreement upon her getting this loan that it would used to transport her to and from her doctors appointments and be shared with my handicapped son as well. In return, I would make all of the... Read more »
answered on Apr 14, 2023
If you own title jointly, her one-half interest in the van passes to her heirs through either a will or intestacy. Her obligation to pay the loan passes to her heirs as she is obligated on the loan. If her personal representative can prove an agreement between you and your mother that obligates you... Read more »
The loan is only in her name. My name is listed jointly with her on the title/registration. We had a verbal agreement upon her getting this loan that it would used to transport her to and from her doctors appointments and be shared with my handicapped son as well. In return, I would make all of the... Read more »
answered on Apr 14, 2023
On the other hand, if no probate petition is filed and no personal representative is appointed (because, for example, she had no other property), you are probably not liable. It would be unlikely that the lender would be able to prove such an agreement between you and your mother.
My mother lived next door to the property that I own when she died. Since her passing, I have been making the mortgage payments on her property. The property is in Bronson, FL. I have 1 brother in Daytona and 1 in Tennessee who both claim they would like for me to have the property. When Mom filled... Read more »
answered on Apr 13, 2023
Once the real estate together with the mobile home goes through the probate process and the judge has issued a homestead order giving the land and the mobile home to the heirs according to their shares in the will, your siblings can sign an quitclaim deed to give their shares to you. This would all... Read more »
Owner of house dies No will. House in Foreclosure. Can Family Estate Sale personal property in house before FC date??
answered on Mar 28, 2023
In order to be able to sell anything, the family needs to file for administration of the deceased person's estate in the probate court of the county where the deceased person resided. If there has been no administration filed, you need to act quickly to make that happen so the personal... Read more »
Do anything about that she's taken everything and acts like we don't know each other.. numerous property's, antique car collection plus....
answered on Mar 24, 2023
My condolences to you and your family. Under Florida law, the original Will should be filed within 10 days after death. Do you have a copy of the Will? Does your stepmom have the original Will? Without a copy of the Will, you don't know if you are entitled to any of your father's assets.... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
