Adult son. Only owned one vehicle (outright, his name only) and had joint bank account with his Dad. We have received a medical bill related to his death which would wipe out his account. Should I pay it or hold the money until I file his taxes? He owed last year.
I am very sorry for your loss and the passing of your son, please accept my condolences and sympathy at this difficult time for you and your family. You do not need to pay the medical bill unless there is a probate and there are assets to pay the bill, usually, a joint account goes to the joint... Read more »
My father lived in Maryland, was not married, did not own a home, and has no debt nor retirement accounts. His only registered assets are a boat ($5k value), Md commercial fishing license, furniture and older firearms. He leaves behind myself (next of Kin), significant other, and my half brother... Read more »
This is a question for Maryland probate lawyers, not Florida lawyers.
We understand that the contents convey with the home. We are ready to yard sale and clean out the home. Can we sell now or do we have to wait for a judge’s approval? If the latter, how long does that take. We need to sell the home quickly.
No, strictly speaking ownership of the contents, personal property, is not conveyed by the deed. But as a practical matter you would probably be able to sell the stuff without any problem. To be sure, send any other potential heirs written notice of what you are doing.
husband name never place on the deed of the house. last time I seen husband was 2008. my mom and I took care of my sister. the house is going into foreclose I need to sale the house to pay her bills. can this be done with out husband. the bank is also trying to locate the husband.
You need to contact a local real estate and/or probate attorney to help you with this. Some legal actions can proceed by publication when a party is missing and cannot be located.
Good luck!
My mother passed away in Feb 2018 in Wisconsin. My sister who was the assigned executor, also passed away in Sept 2019 also in Wisconsin. My mother did not leave a Will. She was a widow. I live in Orlando, Florida and I have my moms ashes. How can I get a copy of the cremation certificate from the... Read more »
Did you ask the funeral home for a "cremation certificate", and why do you need one?
My father passed away October 29. He was never married to my mother and his name is not on my birth certificate. He did not tell me he was my father until I was in my 20's. We did not have any kind of relationship. He never provided for me in any way while I was growing up (on and off... Read more »
The Florida Probate Code states that you would need to have some proof that you were his child. This could be in the form of a written statement by him acknowledging that he is your father or an adjudication of paternity by a court (either in a paternity case or in a child support case). One of... Read more »
The original Trustee has just passed away. All Wills and Trust documents are complete according to State law
The successor trustee should file a Notice of Trust in the county of residence of the deceased Grantor. This filing involves a filing fee of $41.00. There are also quite a few other administrative responsibilities of a successor trustee for which the guidance of an attorney is highly recommended,... Read more »
I never met my father and only occasionally spoke with him. He lived and registered the car in North Carolina but was down in Florida when he passed. The detective who found him contacted me, his only living kin, and told me to come get his things. I insured the car, flew down to Florida to pick it... Read more »
You will have to contact the Georgia DMV, I think. Florida DMV wouldn't be in play. If you end up having to retain a lawyer, look in Georgia.
the court's desk on 9.19. There hasn't been any movement. My atty. said it would take about 2 weeks for me to be appointed representative. Nothing has happened yet. I am paying some of my late sister's bills in the meantime. What do you think? Thanks so much.
Since the courts are not fully operational this may be the cause for delay. Also it depends on the county whether the attorney can submit opening orders for the Judge to sign without a hearing. You should consult with your attorney prior to paying any of your sister's bills. Generally... Read more »
I paid an attorney to file my dad’s will and he didn’t. I am now being sued for his debts and I’m not named on the will. I know who the beneficiaries are and they are hiding their copy of the will so that my siblings and I are held responsible even though our dad abandoned us years ago and... Read more »
Why are you being sued for your father's debts; did you co-sign with him? And the beneficiaries named in your father's will are not liable either, except to the extent that they received distributions under the will. And, finally, what did you expect to accomplish by having an attorney... Read more »
You didn't state a situation. Remember that any lawyer's response is only as good as the relevant facts that you provide.
This is for my uncle who passed away. My aunt asked her friend who is a lawyer to help with this and he sent it to all of us.
There are a lot of different waivers for many different things in probate, it is usually to speed up the process and move things along. If you have any doubts about anything you should no doubt have the documents reviewed by a Florida Probate Attorney. One question I would ask, if there is a Will,... Read more »
I just found out all money was cashed out along with MY life ins without my knowing and now after 20yrs I invested 300k in a home Im being told is sold and I must get out with nothing to show? Im being scammed? My money is all gone and now so is my home!
If this is related to a divorce you will need to seek out a family law attorney. If this is related to a probate, you will want to get a copy of the property deed as well as the Will/Trust/Probate Documents. You starting point is likely the clerk of the court in the county where this took place... Read more »
I need to take possession of the home in montgomery. There is no mortgage. Taxes and insurance are current. What steps do I take first?
If the property is located in Montgomery, Alabama, then you will to post this question in the Alabama probate Justia forum. If the property is located in Florida, and there was previously an estate administration for your father which provided a life estate to your stepmom with remainder to you on... Read more »
During meetings between the beneficiaries of their father's estate, the executor always has her husband present? The executor is also one of the beneficiaries of the estate. Her husband is not a beneficiary. Can the other two beneficiaries legally request that he not be present at their... Read more »
Yes, I suppose any beneficiary can ask another beneficiary or anyone else to not allow any other non-beneficiary in the meetings; however, since there is no law that forces the executor to do it, and since siblings can usually find lots of ways to start unnecessary quarrels between themselves over... Read more »
If a probate was or is being opened and a Will existed it would be with the clerk of the court in the county where your father lived upon his passing in order to file a probate. Even if a probate is not opened, anyone in possession of a Will must submit it to the clerk of the court within 10 days... Read more »
I'm currently living in the home pay the property taxes & home insurance including keeping up the maintenance without help from them my uncle owns 50% me & my 2 siblings own 1/3 i would like to solely own the home but dont have the money to buyout are there other ways to solely own the home?
Other than what? You would sue them for "partition", but that would require you to pay them for their shares. If you don't have the cash, you could look into getting a mortgage to finance the purchase.
The spouse is not my mother and my father did a Will with specific % distributions including me and my brother as his heirs, along with her.
In Florida, a joint bank account held by a married couple is presumed to be held by tenants by the entireties which would mean that the account would pass directly to the surviving spouse by operation of law outside of probate. The Will typically would not control the disposition of that specific... Read more »
The deceased had 4 children with a previous spouse and 0 with the surviving spouse. They also bought 2 houses jointly.
In Florida, a joint account owned by married people is presumed to be held as tenants by entireties, and typically will pass to the surviving spouse outside of probate.
My parents are still married but have been separated (not legally, sold their home previously and now live in different counties and own their own homes) but have will's in place from many years ago. My father does not want his estate going to my mother upon his death and wants it distributed... Read more »
Your dad should consult with his own attorney. You should not be involved because any legal advice that you pass along from a lawyer could be construed as you practicing law. If you are not a lawyer, practicing law is a felony. I know you want to help your dad; the best way to help is to review the... Read more »
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