The decedent has no children, divorced and I am to receive 100% of the estate. I have the death certificate of the decedent and am ready to deposit the Will with the Broward County Clerk of the Court having the venue of the estate of the decedent.
What other documents should I present to... Read more »
I am very sorry for your loss and please accept my sympathy and condolences at this difficult time. You will also want to provide them with a copy of the death certificate. Depending on how small the probate estate is and what needs to be done, you can possibly get the forms online from the Broward... Read more »
One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »
Yes, the deceased sister's children are entitled to money (assuming there is no will directing otherwise). Specifically they will split 20% (their mother's share if she was living).
When someone dies without a will in Florida their estate goes through "intestate... Read more »
One sister predeceased him by 4 years. Who are his heirs with regards to the sale of his home? Are nieces and nephews entitled to money from the sale of the home? The children of my late sister that predeceased him believe that they are entitled to receive a portion of the money from the sale of... Read more »
Very sorry for your loss on the passing of your brother, please accept my condolences and sympathy for you and your family at this difficult time. When someone passes away without a Will then the Florida Intestate Statutes (without a Will) apply, while estate matters can be somewhat complicated... Read more »
Getting video from gas station across the street with a camera pointing directly at the only entrance/exit of my complex as well as video footage from the clubhouse via property manager that must be passed to get to my unit. Also, I plan to voluntarily ask the court to subpoena the gps on my cell... Read more »
This is not a probate matter. Probate is the disposition of a dead person's assets and liabilities. Your issue is a criminal.defense. issue.
mom was longest survivor does dad's Will still have any validity? This year I demolish trailer home to keep property enforcement from court case as I continue to pay for yard upkeep with no cooperation from siblings
Can I put in my name via adverse possession or can will be probated... Read more »
Many issues here, and nobody can read a Will online. You'll need to hire a probate lawyer to help you sort through this.
My grandmother passed 8yrs ago
She had no will so my uncle has been living there paying her mortgage my mom passed away 2010 which it was her mothers house also
He wants house in his name
But i do not agree and will not sign off
What can i do to make both of us... Read more »
You need to get a copy of the deed and review it. If the deed was only in your grandmother's name and there is no surviving spouse (grandfather) at the time, then it is likely that the property should have gone through some version of probate (or petition for homestead filing) in order to... Read more »
Perhaps. See this statute to determine if it applies:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0735/Sections/0735.303.html
Do you have a question? If you do, may I suggest that you repost with your question.
I used to live with mom. We siblings are not close and I decided to exit the toxic environment back to another toxic environment that I was more comfortable with. That being said, I had taken mom to have a will drawn up because she was displaying a loss in cognitive value. She was later diagnosed... Read more »
Yes, but what's the basis for disputing it? That your date of birth is wrong? That's probably not a material issue to render the Will invalid. But the best advice is to take Mom's new Will to a probate attorney who is licensed to practice in Florida, who may be able to give some... Read more »
You usually do not and can not. You would need to speak with an attorney in the state where the property is located, it is possible that based on the manner in which the property is owned/held via the Deed, that the property may pass outside of probate, you would need and want to get a copy of any... Read more »
Beneficiary. He won't try to enforce it. Is there a way it can be released on public records?
No. Judgments are public record and cannot be expunged or erased. The enforceability of a judgment ends after 20 years, but the record is permanent. If he wants to execute and record a satisfaction of judgment, indicating that it's paid or satisfied, he can do that, and that terminates the... Read more »
H
It can be challenged if the devised assets were not hers when she executes the will and the trust. You should definitely talk to a lawyer about that.
Mom wasn't on deed but married for 18 years upon her passing. My stepdad is selling the property now without ever having filed probate. The property was obtained 5 years into the marriage but her name not put on deed. Would heirs be considered for her half of the property ownership due to... Read more »
These questions are way too important for you to be seeking free advice form strangers online here on Justia.
Anyone can file a probate action--and you should consider doing it.
Hire an experienced probate lawyer.
twenty years. Now that he is deceased, she has retained a lawyer to claim half of his estate. What are the chances that I could prevail if I contested any claim she makes on his estate?
Without hearing all the relevant facts, no experienced lawyer answering legal questions here on Justia could possibly tell you "what the chances are" that your deceased husband's daughter might prevail if you object to her claim.
I will advise you to retain an experienced... Read more »
her
OK I’m very sorry to hear about your loss. You should discuss your case in a private phone consultation with a lawyer here in Florida. If this involves any kind of potential liability for the death of your wife due to the negligence of a tortfeasor, that should be fully investigated. Cases like... Read more »
There is a registered trust with Broward county what do I need to do in the event of her death I do not have access to anything. I am named as executor of her estate.
It depends upon what assets the trust has, and which assets the estate has. If you are named as personal representative in her will, and if her estate has assets, you need to see a Florida attorney about having the will admitted to probate. If someone else is trustee of the trust, your attorney... Read more »
My grandfather wants to remove my aunt off of his lady bird deed and add my mother on a quitclaim deed instead. What will he need to have done to have the lady bird deed revoked?
You would need and want to have the current/original deed that created this interest reviewed, if it was properly drafted/created/worded, then generally, in order to be able to revoke the existing lady bird deed, all that the current owner would need to to do is validly execute a new deed. This is... Read more »
My grandfather wants to remove my aunt from his deed. He has listed my mother as his beneficiary in his trust and the house is listed in the trust. My question is, since my aunt is listed on the deed , who will get the house? Does the trust take precedence over the deed? My aunt is not complying... Read more »
You need to speak with a Florida Estate Planning and Probate Attorney and get a copy of the current deed and have it reviewed. Based on the type of deed and how the property is held will determine what can or needs to be done. Generally speaking, a valid deed will be enforced above a Will and Trust... Read more »
The inmate is in alachua county jail waiting to be expedited to Dixie County jail, How long can Alachua County hold the inmate before Dixie expedite?
This is not a probate question. The answer is as long as it takes.
seller who forced this signing . sold the me the property on 11/22/13. 10 month before a probate was filed .knowing of new ownership pending via back taxes . i was at 6k in the rehab and 4.3k paid to him . when it hit. after 6 months of wondering the halls of justice. this one lady in the probate... Read more »
I am not sure what your question is because you do not actually have one, but I can tell from the facts you need to hire a real estate litigator immediately. The facts are too many to rely on general advice from an online forum. No one should buy real estate in Florida without having an attorney... Read more »
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